LAWYERTHE HILLSBOROUGH COUNTY BAR ASSOCIATION TAMPA, FLORIDA | MARCH - APRIL 2017 | VOL. 27, NO. 4
THE HILLSBOROUGH COUNTY BAR ASSOCIATION LAWYER MARCH - APRIL 2017 | VOL. 27, NO. 4
DIVISIONS FEATURES & EVENTS 8 7 COFFEE AT THE COURTHOUSE AND JUDICIAL SHADOWING EVENT 13 POWER LUNCH OF HCBA’S FEMALE PAST PRESIDENTS AND HCBA PAST PRESIDENTS’ LUNCHEON 17 HCBA MEMBERS SUPPORT ELVES 7 3 A NOD TO OUR JUDICIARY FOR ELDERS PROJECT ABOUT THE COVER $"'$""& "'%& '% !$ &"'! $"'&# "'! &&'%' $ $ !$ ' &# ' $!& # '% "' &'%%'&$ '&#! & '! $"'$""&'$"'# !$ # '"&$# '!% ! &' '&#"&'$!'#"' $!!& ''% &'%'% '&& "'% '% & ' #$"' %' &&!& '#""& '##'$ '# # ' % '$! '&$ ' #' & % & '! $# '#!!% &' #$"'#"'#' &%!& ' "# '# '#! & '# '#' $& '!%'&& % &'#!'! &' '' $"'%%'Implied Consent'#" $" & '$ ' '% %$ ' $"'% # '$ "!' %& 'Green 61'Implied Consent $&"' &# & "'# '$ "$ &' %%'$ !%'! &'% ! %%'#"'% '#'! $# #& ' $&' #$"'% ' %$ &'# '& % &"'! &'!&"'%'! % ! %%$ '#"&"'& % !& & '$ '! &' &# ' %&""$% 'Published by Palari Books, September 2008. 1879(98,795463 )99-+/8928*0.7 6 SEctIoNS commIttEES 16 16 study suggests 48 ConsolidAtion And 18 reloCAtion of seCond dCA 46 wHAt’s in store for 18 lAwyers leAding our Appellate Practice Section Community And tHe nAtion by Kimberly A. Hendee tHe seCurities industry for 2017? Bar Leadership Institute Committee by Harold Holder 20 performAnCe AnXiety? Securities Section by Rob Jamieson Construction Law Section and Dan Dietrich 26 overComing tHe by Valeen Arena 48 no eXigenCy, no permission, imposter syndrome 22 tHe espn of lAw – no wArrAnt — no proBlem? Diversity Committee by Linda J. Z. Young Clients Are wAtCHing Solo & Small Firm Section Corporate Counsel Section by Leon H. Jones 44 vtC mentors At work by Jeff Cox 50 disCoverABility of Cell Military & Veterans Affairs Committee by Capt. Carlos Flanagan (Ret.) 24 use of video And pHone dAtA in motor surveillAnCe video in triAl veHiCle CrAsHes Criminal Law Section Trial & Litigation Section by Adam L. Bantner, II by Anthony “Nino” Martino 28 tHe need for “pArtiCulArity” 58 jurisdiCtion And settlement in Qui tAm CAses Workers’ Compensation Section Health Care Law Section by Anthony V. Cortese by Adam Schwartz & Erin Hoyle 40 foreign nAtionAl entrepreneurs And 44 immigrAtion Immigration & Nationality Section by Yova A. Borovska IN EVERY ISSUE 41 workplACe sAfety And 27 new HCBA memBers osHA’s new reporting rule 45 sAve tHe dAte Labor & Employment Section 52 100 CluB by Benjamin S. Briggs 62 Around tHe AssoCiAtion 42 Are we giving tHe pAyor 63 jury triAl informAtion spouse Credit wHere 66 Benefit providers Credit is due? Marital & Family Law Section 50 67 ClAssified Advertising by Eliane I. Probasco 67 Advertising indeX THE HILLSBOROUGH COUNTY BAR ASSOCIATION editor offiCers ed Comey president: kevin m. mclaughlin Assistant editor president-elect: gordon Hill; imm. past president: Carter Andersen maria ramos secretary: scott stigall; treasurer: robert j. scanlan LAWYER executive director eX-offiCio john f. kynes Chief judge ronald ficarrotta; judge laura e. ward; todd timmerman Chester H. Ferguson Law Center direCtors: 1610 N. Tampa St., Tampa FL 33602 Advertising Alex Caballero Anthony d. martino jacqueline simms-petredis Telephone (813) 221-7777 pr/Communications director victoria n. ferrentino web melton iii grace yang www.hillsbar.com stacy williams paige A. greenlee Cory person [email protected] (813) 221-7779 rachael l. greenstein john A. schifino (ISSN 1553-4456) THE HILLSBOROUGH COUNTY BAR ASSOCIATION Lawyer is published six times per year by the Hillsborough County Bar Association. Editorial, advertising, subscription, and circulation offices: 1610 N. Tampa St., Tampa, FL 33602. Changes of address must reach the Lawyer office six weeks in advance of the next issue date. Give both old and new address. POSTMASTER: Send change of address notices to Hillsborough County Bar Association, 1610 N. Tampa St., Tampa, FL 33602. One copy of each Lawyer is sent free to members of the Hillsborough County Bar Association. Additional subscriptions to members or firm libraries are $50. Annual subscriptions to others, $100. Single copy price, $15.00. (All plus tax.) The Lawyer is published as part of the HCBA’s commitment to provide membership with information relating to issues and concerns of the legal community. Opinions and positions expressed in the articles are those of the authors and may not necessarily reflect those of the HCBA. Submissions of feature articles, reviews, and opinion pieces on topics of general interest to the readership of the Lawyer are encouraged and will be considered for publication. 2 MAR - APR 2017 | HCBA LAWYER EDITOR’S MESSAGE Ed Comey - Law Clerk to U.S. Bankruptcy Judge Michael G. Williamson A Nod to our Judiciary “[I]t is incumbent on lawyers to . . . educate the public on the role our judges play in our constitutional system.” t a recent work retreat, I was participating years, we’ve dealt with staff reductions and budget cuts, in a group discussion where we were all while being the second or third busiest district in the asked to talk about the best job we’ve ever entire country. had. My group consisted of three of my I’m proud to say our judges make good on our court’s fellow law clerks, the three judges they mission: workA for, and a fourth judge. Interestingly, each of us chose “Our Court serves the public by processing and our current job as the best one we’ve ever had (although deciding bankruptcy cases with fairness, impartiality, being a Publix bag boy was a close second for me). and excellence, while treating everyone with dignity, The reasons we each chose our current job varied, of integrity, and respect.” course. For me, I enjoy grappling with the complex legal From my time as a lawyer, I know the same is true of issues lawyers face on daily basis. The beauty of being a our other federal judges and their state court counterparts. law clerk is you get to deal with all those complex legal I was reminded of all of this by HCBA Bar President issues without the hassle that comes with private practice Kevin McLaughlin’s recent remarks at Judge Miriam (billing hours, dealing with Valkenburg’s investiture. immense time constraints, At the investiture, attended meeting client expectations, by an array of county and generating business, etc.). circuit, Second DCA, and But there’s one thing in federal district court particular about my job that judges, Kevin spoke out I enjoy: it offers a behind- strongly against the recent the-scenes look at how the attacks on our judiciary. As law gets administered on a I sat there, I realized how daily basis. fortunate we are to have Having been in this such a dedicated judiciary. position for six years now, I I am not one of those can honestly say our district who thinks criticism of is blessed to have the judges — even when ill bankruptcy judges we do. founded — jeopardizes the To a person, they are judiciary’s independence. exceedingly competent. I have way too much They are routinely forced to make decisions that have a confidence in our state and federal judges in monumental impact on the parties and the public. I’ve Hillsborough County to think their rulings would be watched first hand as our judges labor to faithfully apply influenced by the desire to avoid public scorn. But the law in these difficult cases. I think even members of having said that, public confidence in the judiciary is the bar would be surprised at the amount of time and essential to a functioning democracy, and it is incumbent effort our judges spend preparing for their hearings and on lawyers to speak out in support of our judiciary and making sure they get their rulings right. And they do all to educate the public on the role our judges play in our of this under difficult circumstances. For the last several constitutional system. 1879(98,795463 )99-+/8928*0.7 HCBA PRESIDENT’S MESSAGE Kevin McLaughlin - Wagner McLaughlin, P.A. The Constitution Revision Commission, The Times They Are A-Changin’ While the CRC is likely to consider any number of topics for inclusion on the ballot, of particular concern to attorneys and judges is the possibility of an amendment requiring judicial term limits. must confess that until XI, Section 2, which establishes recently, I did not know the CRC. Meeting for the first nearly enough about the time in 1978-1979, the CRC Constitution Revision convenes every twenty years Commission (CRC), an for the purpose of examining Iincredibly powerful agent for Florida’s Constitution, holding change built into the Florida public hearings throughout the Constitution. In fairness, the state, and proposing changes for CRC only convenes every twenty voter consideration. The Florida years, and I was just a baby lawyer Constitution is the foundation the last time that happened. of our state government, and However, there is an old saying changing the very fabric of that about excuses, so I won’t go there. document has a much more Instead, I have done my best to lasting and profound effect on our educate myself on the process state than merely changing laws. and wanted to share some of what I have learned. The CRC is composed of 37 people appointed by The current Florida Constitution of 1968 sets forth the three branches of government. The appointments five ways in which the Constitution can be amended. Of particular importance in the coming year is Article Continued on page 5 " 1879(98,795463 )99-+/8928*0.7 HCBA PRESIDENT’S MESSAGE Kevin McLaughlin - Wagner McLaughlin, P.A. Continued from page 4 public hearings and, most importantly, vote on the proposals in November 2018. are made as follows: Governor Rick Scott appoints Amendments approved by the CRC go directly to the 15 people; Speaker of the Florida House of ballot and require 60 percent of the vote to pass. While Representatives Richard Corcoran appoints nine the CRC is likely to consider any number of topics people; President of the Florida Senate Joe Negron ranging from education to transportation for inclusion appoints nine people; and Chief Justice of the Florida on the ballot, of particular concern to attorneys and Supreme Court Jorge Labarga appoints only three judges is the possibility of an amendment requiring people. Pam Bondi, as the attorney general of Florida, judicial term limits. I have written in the past about my automatically serves on the CRC. Justice Labarga concerns regarding this ill-conceived and dangerous has appointed Hank Coxe, a Jacksonville lawyer and proposal. It is a top priority of Speaker Corcoran. Given former president of The Florida Bar; Tampa’s Arthenia the tendency of politicians to politicize things, you can Joyner, an attorney and former state legislator; and see why having an appointment process that weighs so Roberto Martinez, a Coral Gables attorney and former heavily in favor of the executive and legislative branches U.S. Attorney for the Southern District of Florida, to and against the judicial branch is troubling, especially serve as the judicial appointments on the CRC. I was when it comes to amendments that have the potential always taught that our three branches of government to undermine our independent judiciary. are co-equal. Apparently, that is not the case when it As lawyers, we have an obligation to get involved. comes to the CRC. For whatever reason, the judiciary, We should be leaders in the community by educating the branch of government that knows more about the our family, friends and neighbors not only about the constitution than any other, is responsible for CRC, but also about the critical importance of an appointments which represent less than 10 percent of independent judiciary. We should make our voices heard the commission, while the executive and legislative by contacting members of the CRC and attending the appointments represent close to 90 percent. public hearings to let them know about the issues that The CRC meets for approximately one year. During affect us, our practices and, most importantly, our this time, they will travel the state, identify issues, perform clients. Sitting on the sidelines is not an option. To quote research, and gather input to decide what proposals Bob Dylan, “you better start swimmin’ or you’ll sink like should be put on the ballot. Citizens are encouraged to a stone, for the times they are a-changin.” educate themselves on the Florida Constitution and the To learn more about the CRC, I would recommend amendment process, make suggestions and monitor the following sites: (http://revisefl.com/) and (http:// appointments to the CRC, attend and participate in collinsinstitute.fsu.edu/). 1879(98,795463 )99-+/8928*0.7 ! YLD PRESIDENT’S MESSAGE H. Web Melton, III - Bush Ross, P.A. Coffee, Conversations, and Collegiality This annual event helps integrate young lawyers into the legal community, connecting them to the judicial process and judges they may not have occasion to interact with otherwise. uilding your own personal network and What makes this event so special is the enthusiastic contributing to the overall collegiality of the support of our judiciary: “Our judges appreciate the great legal profession can start with a simple cup support provided by the HCBA and enjoy the opportunity of coffee and a conversation. “Coffee, to reciprocate by participating in events like Coffee at the Conversations, and Collegiality” could be the Courthouse,” says Chief Judge Ronald Ficarrotta. Btagline for the Young Lawyers Division’s Coffee at the This year, approximately 50 young lawyers and law Courthouse and Judicial Shadowing Day — it delivers on students and 25 judges participated. Think about those all three, and so much more. This annual event helps ratios for a second — 2:1. That’s practically one-on-one integrate young lawyers into the legal community, time with a circuit or district court judge. This presents connecting them to the judicial process and judges they an invaluable opportunity for young lawyers, and law may not have occasion to interact with otherwise. In doing students alike. This year, we had the distinct pleasure of this, it presents a platform for young lawyers to connect welcoming participation by the Second District Court of with colleagues of all ages and experience, to talk, and to Appeal. Judge Anthony Black spearheaded the DCA’s build a legal network. If you didn’t make it this year, involvement, and even brought Chief Judge Craig I hope this article entices you to put “Coffee at the Villanti over to enjoy the lunch portion of the event. Courthouse” on your must-do list for next year. Expanding participation to the district court, and This free (yes, free!) YLD signature event begins with hopefully, the federal court in the future, will serve to coffee and breakfast, and an opportunity for young further integrate and connect our legal community. lawyers to interact with the judiciary in an informal The YLD would like to thank its sponsors — setting. After hearing what each judge has on their NorthStar Bank and Bush Ross P.A. — as well as docket for the morning, participants choose which the many judges who participated, and once again judge(s) they want to shadow for the morning. The made this event a cornerstone of the YLD calendar. So judicial shadowing allows young lawyers to experience a go ahead and tickle your calendar “day in the life” of a judge, observe both judges and for January 2018, and plan to join attorneys during trials and hearings, and ask questions. us for coffee and conversations at And if all this is not enough to entice you, the FREE the YLD Coffee at the Courthouse breakfast and lunch — from Wright’s Gourmet this year, event, and contribute to the no less! — should bring you to hit that “Register” button continued collegiality-building of next year. The event concludes with a round-table the YLD. discussion over lunch, during which participants and judges can share their observations and what they Author: Lyndsey E. Siara - learned from their morning of shadowing. Thirteenth Judicial Circuit Mark your calendars now for the State Court Trial Seminar on June 9! # 1879(98,795463 )99-+/8928*0.7 Coffee at the Courthouse and Judicial Shadowing Event The members of the Young Lawyers Division had a great morning meeting and shadowing judges from the Thirteenth Judicial Circuit and Second DCA at their annual Coffee at the Courthouse event on January 31. Thank you to the judges for taking the time to participate in this event and to NorthStar Bank and Bush Ross P.A. for sponsoring this event. 1879(98,795463 )99-+/8928*0.7 3 EXECUTIVE DIRECTOR’S MESSAGE John F. Kynes - Hillsborough County Bar Association Federal Judge Bernice Donald Inspires, Challenges Lawyers at Diversity Luncheon; Mathews Named 2016 Outstanding Lawyer “Three powerful, interconnected forces have been reshaping the way we practice law in the United States over the past four decades: technology, globalization and diversity.” — Judge Bernice Donald udge Bernice Donald’s In her remarks, she talked journey from her about being one of the first childhood home and students to integrate her local Jupbringing in rural high school in Mississippi in the Mississippi to being turbulent 1960s, and later the appointed by President Obama bias she faced as a young African- as the first African-American American woman pursuing a woman to the U.S. Court of legal career in the Deep South. Appeals for the Sixth Circuit is a Additionally, Judge Donald, story of unwavering perseverance who over the years has chaired and determination. various ABA committees focused Her personal and professional on increasing diversity in the story also tracks the history of the $9/$%& $9 &' legal profession, shared her civil rights movement in the thoughts on the state of the legal United States, and the opportunities the movement profession and its future. helped create. “Three powerful, interconnected forces have been Judge Donald, who lives in Tennessee, gave the keynote reshaping the way we practice law in the United States address at the HCBA’s Diversity Membership Luncheon in January. Continued on page 9 1879(98,795463 )99-+/8928*0.7 EXECUTIVE DIRECTOR’S MESSAGE John F. Kynes - Hillsborough County Bar Association 8'% 9 &&$% 9' $% 91$$% 2&$&99 9% 1'%'%$ 91' $ 546#9 '& & 2'$%98'% 9 $ %'&$ 9,$%%&$9546# 02 9 '& &9% 8'% 9'& 9 ' /% '& 9 '& & 0&92'$%98'% 9 Continued from page 8 law firms the corporations hire will promote diversity in their workplaces as well. over the past four decades: technology, globalization, and But Donald said progress has been slow in coming, diversity,” Donald said. and that the rhetoric surrounding diversity initiatives She talked about the many revolutionary advances oftentimes does not match reality. that have been made in the technology arena and in “We must be ever mindful of the stalled progress, even communications, such as the development of the retrenchment, for some societal and professional groups,” internet, smart phones, and social networks. she said. “Technology has resulted in a shrinking of the world Concluding her remarks, Donald said: “While this is because we are all interconnected instantly,” she told the not your father’s legal profession, today’s lawyer must 400 members attending the luncheon. embrace the obligation to make real the promises of Corresponding with these technological advances, she equal justice, equal opportunity, and equal protection said, there also has been a rise in “globalization,” which under the law.” has impacted the legal profession in a significant way. ______“As the world economy becomes increasingly Also at the membership luncheon, Senior U.S. District globalized, the focus of American attorneys must Judge Susan Bucklew announced Margaret Mathews likewise expand and adapt to accommodate the needs of as the winner of the HCBA’s 2016 Outstanding Lawyer clients,” she said. Award. While the globalization of the economy is causing In her introduction, Judge Bucklew cited Mathews’ changes in both corporate America and the legal many accomplishments and joked that “she had been profession, Donald said, this new reality has also created the president of every organization she has ever a renewed focus on diversity and inclusion. belonged to.” She cited statistics showing that since 1950 women Mathews, who works at Akerman LLP, is a former have become the majority gender in the U.S., and president of the HCBA and the Hillsborough County that the U.S. Census Bureau projects by 2043, there Bar Foundation. will no longer be a racial majority in the United States; Additionally, Web Melton, president of the Young rather the nation will be made up of racial and Lawyers Division, announced two YLD annual awards. cultural minorities. The 2016 YLD Outstanding Jurist Award went to In addition, Donald talked about a letter entitled Thirteenth Circuit Court Judge Frances Perrone. And Diversity in the Workplace: A Statement of Principle, the 2016 YLD Outstanding Young Lawyer Award went authored in 1998 by Charles Morgan, general counsel of to Tammy Briant, assistant dean of student affairs at then-BellSouth. Stetson law school. The letter was co-signed by the chief legal officers of Congratulations to all the winners. (Additional photos nearly 500 major corporations affirming the importance from the Diversity Membership Luncheon on page 34.) of promoting diversity, and the expectation that the See you around the Chet. 1879(98,795463 )99-+/8928*0.7 FROM THE STATE ATTORNEY Andrew H. Warren - State Attorney for the Thirteenth Judicial Circuit The Future of Criminal Justice in Hillsborough County At its heart, criminal justice reform embodies the shift towards evaluating the long-term consequences of our system. n January 3, 2017, I was honored to be Those are the principles that should guide our system. sworn in as State Attorney for the In practice, that means we must focus on the violent and Thirteenth Judicial Circuit, along with economic crimes that threaten our community. We must the approximately 125 Assistant State endeavor to steer non-violent offenders, especially Attorneys who serve in the Office. Chief juveniles, away from the downward spiral of conviction OJudge Ronald Ficarrotta and the Honorable E.J. Salcines and incarceration. We must proactively engage with those presided over the swearing-in ceremony. The following is we serve so that our entire community views us not as the an excerpt from my remarks at the ceremony: enemy, but as their partner. The future of criminal That is my vision for this justice has already arrived office. But our work together in certain cities. My goal as is not just about my vision. State Attorney is to make It’s not about what I believe. Hillsborough the model of It is about what we believe: our what a prosecutor’s office shared commitment to justice, should be, not just in Florida, fairness, and integrity; our not just throughout the dedication to public service. Southeast, but across the Robert Jackson is the only entire country. This office has person in our nation’s history talent, and it has had success. to have served as the U.S. But the difference between Solicitor General, Attorney being good and being great is General, and as a Supreme the difference between ability Court Justice. He was also and achievement. It is time America’s chief prosecutor at for us to start achieving at a Nuremberg. As epitomized higher level. by his dissent in Korematsu, Across the country, there Justice Jackson was a staunch has been a lot of discussion defender of due process.1 about criminal justice reform, I mention him not because a broad term that encompasses of his service or his juris - many different policies and practices, some of which prudence, but because of his description of what it means already exist here, and others which don’t. At its heart, to be a prosecutor. His characterization remains as astute criminal justice reform embodies the shift towards today as when he first said it 75 years ago: evaluating the long-term consequences of our system. “The qualities of a good prosecutor are as elusive How do we best safeguard our neighborhoods? How do and as impossible to define as those which make a we reduce recidivism? What is the impact of incarceration gentleman. And those who need to be told would not on families? Reform is about appreciating what happens understand it anyway. A sensitiveness to fair play and after we close the file. It’s about viewing a case not as a person to be prosecuted, but as a problem to be solved. Continued on page 11 64 1879(98,795463 )99-+/8928*0.7 FROM THE STATE ATTORNEY Andrew H. Warren - State Attorney Continued from page 10 sportsmanship is perhaps the best protection against the abuse of power, and the citizens’ safety lies in the prosecutor who tempers zeal with human kindness, who seeks truth and not victims, who serves the law and not factional purposes, and who approaches his task with humility.”2 To seek truth with humility — that is the essence of what it means to be a prosecutor. That is our fight song. That is how we will approach our jobs every day. That is how we will meet and exceed the lofty standards of professionalism and performance that I expect and that the public deserves. 1 See Korematsu v. United States, 323 U.S. 214, 242 (1944) (Jackson, J., dissenting). 2 Robert Jackson, The Federal Prosecutor, Second Annual Conference of United States Attorneys, Great Hall Department of Justice Building, Washington D.C., delivered April 1, 1940. 1879(98,795463 )99-+/8928*0.7 66 FROM THE THIRTEENTH JUDICIAL CIRCUIT CHIEF JUDGE Judge Ronald Ficarrotta – Chief Judge for the Thirteenth Judicial Circuit Expansion of Problem-Solving Courts If there is a gap in court services nationwide, it is identifying and serving those who come to the criminal courts with a major mental health disorder. he Thirteenth Judicial Circuit Court is probation violations, I will see them again. We are in the instrumental in solving the problems of process of establishing priorities, identifying funding, people in Hillsborough County — a fact expanding relationships with community partners to not widely known. Throughout the provide wrap-around services, and documenting numerous court divisions, including administrative procedures. criminal,T civil, and unified family, we identify problems We began educating key stakeholders on January 26, and seek to implement solutions. Gone are the days 2017, when we hosted a Mental Health Summit with where convictions equal sentences, drug and alcohol the assistance of Florida’s Criminal Justice, Mental dependency (and their consequential crimes) equal Health and Substance Abuse (CJMHSA) Technical custodial time, and familial crisis equals children Assistance Center at the University of South Florida. The permanently removed from the Summit began with remarks home. We have come to rely on by County Commissioner community partners who enable Sandra L. Murman, State us to change lives for the better. Attorney Andrew Warren, and Each problem-solving court and Public Defender Julianne M. program strives to assess the Holt. Robert Parkinson, participants’ background and Criminal Justice Liaison for experiences; identify the issues Hillsborough County, served as that brought the participants to Summit Moderator. This multi - the court; and provide referrals, dis ciplinary program offered community resources, case training ranging from management, education, encour - understanding the signs and agement, and a coordinated symptoms of severe mental network of support services. disorders to using risk assess - What’s next you ask? Mental ments and evidenced-based Health Court! If there is a gap interventions for enhanced in court services nationwide, it is service delivery. identifying and serving those Problem-solving courts, in - who come to the criminal courts with a major mental cluding MHC, are committed to therapeutic education health disorder. Defendants charged with a non-violent and services that provide alternative justice. Therapeutic third-degree felony may be eligible for enhanced forms of justice are successful at ensuring accountability case management services if they have been diagnosed while inviting change to the lives of those who need it with Schizophrenia, Bipolar Disorder, Major Depressive most. Dr. Kathy Moore of USF’s Florida Mental Health Disorder, Schizoaffective Disorder, or other severe mental Institute continues to track and document the success conditions and have been approved for Mental Health indicators of our treatment courts and court programs. Pre-trial Intervention by the State Attorney’s Office. In future articles, I will expand on our measures of Initially those defendants will appear before me in the success and describe the impact therapeutic intervention new Mental Health Court (MHC). And if there are has had on participants. 65 1879(98,795463 )99-+/8928*0.7 POWER LUNCH OF HCBA’S FEMALE PAST PRESIDENTS All eight of the HCBA’s female past presidents gathered for a historic lunch last fall. We appreciate their leadership and support of the HCBA over the years! Pictured front left to right: Susan Johnson-Velez, Gwynne Young, Emeline Acton, Margaret Mathews, Marsha Rydberg, Marian McCulloch, Caroline Black, and Amy Farrior. HCBA PAST PRESIDENTS’ LUNCHEON The HCBA was pleased to host a large gathering of our past presidents on December 15 for the annual Past Presidents’ Luncheon. These leaders of the local legal community took the time to catch up and reminisce about their experiences with the HCBA. Thank you to the luncheon’s sponsor: The Bank of Tampa. 1879(98,795463 )99-+/8928*0.7 6 6" 1879(98,795463 )99-+/8928*0.7 1879(98,795463 )99-+/8928*0.7 6! STUDY SUGGESTS CONSOLIDATION AND RELOCATION OF SECOND DCA Appellate Practice Section 8A-8;DC@>%F,D@E however, Services to operations conduct a study have gradually to identify the shifted to court’s space Tampa. and location Today, needs and to the 55-year determine old Lakeland whether to courthouse maintain two presents health “While a specific future separate locations. concerns due After a thorough he degradation of the to a failed location has not yet review of Second District Court roof system, been determined, the caseload and of Appeal’s Lawton M. resulting in operational Chiles, Jr., Courthouse staff being optimal geographical metrics, inT Lakeland has recently triggered relocated to a the study location is clear.” health and safety concerns, newly leased concluded that creating the need for temporary building in — Chief Judge Villanti consolidating changes and sparking a push to Lakeland. the Second permanently consolidate and Although the DCA into one relocate court operations. new Lakeland courthouse Since the inception of the building can support limited would significantly improve the Florida appellate court system, operations through 2021, it cannot court’s efficiency: streamlining the Second DCA has been head - accommodate oral arguments. Mean - operations, reducing duplicative quartered in Lakeland. In 1956, while, the Tampa branch, which is costs, and improving productivity. Lakeland was the epicenter of able to accommodate oral arguments, The nature of appellate review the district and designated as has a lease agreement with Stetson requires individual research, as its headquarters under section Law Center through 2023. well as collaboration between staff 35.05(1), Florida Statutes. Since To address these issues, the attorneys and judges, which the the authorization of the court’s Florida Legislature directed the auxiliary Tampa branch in 1980, Department of Management Continued on page 17 6# 1879(98,795463 )99-+/8928*0.7 STUDY SUGGESTS CONSOLIDATION AND RELOCATION OF SECOND DCA Appellate Practice Section Continued from page 16 in Polk County. Approximately to working with the Legislature 50 percent of parties seeking relief and the Governor’s office to study recognizes is difficult to from the Second DCA reside in implement the study’s objectives achieve when judges and staff are the Tampa Bay area, compared as soon as possible.” spread out over two locations. to 13 percent from Polk County. In the meantime, Clerk Mary “It is hard to justify two court - And according to the U.S. Census, Beth Kuenzel is working hard to house locations, especially when approximately 41 percent of the keep the court running as usual there is no operational benefit,” district’s population lives in the from Lakeland. “The only impact Marshal Jo Haynes stated. “We Tampa Bay area, whereas 12 appellate practitioners will note for spend a lot of money on rent, as the percent lives in Polk County. the time being is that oral arguments Second DCA is completely housed Chief Judge Craig C. Villanti will be scheduled primarily in in leased space. No other appellate supports the consolidation and Tampa,” Kuenzel said. “We’re open court in Florida is housed in leased relocation of the Second DCA. for business and doing our best to space and no other appellate court “After 36 years of having a branch accommodate oral arguments with is housed in two locations.” headquarters in Tampa, the Second the current limitations on our Tampa Bay has gradually DCA’s belief that consolidation is courtrooms.” become the primary business hub in the best interest of its users is Now, we must of the district. The Second DCA validated by the comprehensive simply wait for judges, their support staff, and space study just completed,” the Legislature most central staff employees work Judge Villanti stated. “While a to decide. in Tampa. Sixty-two percent of specific future location has not Florida Bar members within the yet been determined, the optimal Author: Kimberly geographical boundaries of the geographical location is clear. We A. Hendee - district reside in the Tampa Bay appreciate the Legislature’s funding Hamilton, Miller area, versus six percent residing of the study and now look forward & Birthisel LLP HCBA Members Support Elves for Elders Project HCBA members, including President Kevin McLaughlin and his family, handed out donated items from members and sang carols at the Elves for Elders event on December 19, which provided gifts and holiday cheer to local elderly wards of the state. Thank you to the Community Services Committee for organizing this event and everyone that participated and contributed! 1879(98,795463 )99-+/8928*0.7 63 LAWYERS LEADING OUR COMMUNITY AND THE NATION Bar Leadership Institute Committee 8A-8;DC@>%F3:A??F,A;B>ABFF 737FD#9 F09B<>E9F3CD@DFF';C@?EEB?;F,5 Lawyers have opportunities to lead our community as problem solvers, and that leadership often has a nationwide impact. ur community leads opportunity to learn about these H. Lee Moffitt, a Tampa lawyer the nation in solving two leaders in our community. who at the time was the incoming two of its most BLI’s November module Speaker of the Florida House of challenging problems: included a tour of Moffitt and Representatives. Representative OThanks to exemplary leadership presentations on the history and Moffitt began advocating for the by members of our profession, leadership philosophies behind center in 1977, after three of Tampa’s Moffitt Cancer Center Moffitt’s success. Presenters his close friends, including the leads in contributing to the included Associate Director of Honorable George E. Edgecomb, prevention and cure of cancer, Planned Giving Kelly Gicale, died from cancer. Though Moffitt while Hillsborough County’s Associate General Counsel Kelly insisted that the center not bear his Veterans Treatment Court leads Andrews, and Vice President and name, his colleagues in the House in preventing recidivism in military Deputy General Counsel Cole covertly bestowed this honor in a veterans by helping them overcome Peterson. Moffitt opened in 1986 bill passed while Moffitt stepped service-related issues. Lawyers as the first cancer center in the out for a break during his final in the Bar Leadership Institute, nation to be funded by a tobacco legislative session in 1984. For thirty joined by our sponsor, The Bank tax. Legislation allocating this of Tampa, recently had the funding was championed by Continued on page 19 6 1879(98,795463 )99-+/8928*0.7 LAWYERS LEADING OUR COMMUNITY AND THE NATION Bar Leadership Institute Committee Continued from page 18 years, strong leadership has driven Moffitt BLI Visit to Cancer Center’s success, and Moffitt’s Moffitt Cancer Center Executive Vice President and General Counsel, David de La Parte, has built a legal team of strong leaders that play a key role in that success. For BLI’s December module at Veterans Treatment Court, the Honorable Gregory P. Holder spoke about the court’s establishment in 2013, its expansion to felonies in 2015, and its selection for the U.S. Department of Justice’s pilot program in 2016. Our veterans, Judge Holder explained, “deserve the respect that they’ve earned by virtue of their service to this great nation.” That service often causes issues that are better solved by pre-trial intervention than criminal prosecution. The court’s docket typically starts with graduations. Veterans who complete the program receive a certificate from Judge Holder, pose for a picture with their mentor, and have an opportunity to speak about their experience before their charges are dismissed. After graduations, the docket moves to appearances by veterans for intake and status conferences. The program includes pairing veterans with a mentor and setting terms for a plan to treat their service-related issues. Under Judge Holder’s leadership, the court’s impressive success rate has encouraged other jurisdictions around the country to create similar courts. Strong leadership will continue with the Honorable Michael Scionti’s appointment to this court in 2017. Lawyers have opportunities to lead our community as problem solvers, and that leadership often has a nationwide impact. The Bar Leadership Institute’s modules at Moffitt Cancer Center and Veterans Treatment Court provided the members of this year’s class outstanding examples of how this can be accomplished. Author: Harold Holder – Bush Ross, P.A. 1879(98,795463 )99-+/8928*0.7 6 PERFORMANCE ANXIETY? Construction Law Section 8A-8;DC@>%F <)D@ an acceptable were provided, result will be and certain produced.” quality Stuyvesant assurance Dredging Co., inspections 834 F.2d at 1582 were (citing U.S. v. required[,] the Spearin, 248 specifications U.S. 132 (1918)). did not In other words, spell out in when an owner detail the istinguishing between provides design manufacturing design and performance specifications processes by specifications to a contractor, which the commonly found in the owner The distinction between cartridges Dgovernment construction contracts generally will design and performance were to be can be critical in determining be held liable fabricated.” Id. specifications is liability between an owner and for construction Performance contractor. But the distinction is defects relating not always clear. specifications not always clear, and it often leaves to those leave the construction litigators arguing specifications. contractor the nuances. Performance to “assume Typically, design specifications specifications, by responsibility require a contractor “to follow contrast, require a contractor for the means and methods them as one would a road map.” “to use its own judgment and selected to achieve the end result.” J. L. Simmons Co. v. U.S., 412 F.2d experience in deciding how, when, Id. So, when an owner provides 1360, 1362 (Ct. Cl. 1969). Design where, under what conditions, and performance specifications to a specifications “explicitly state how which proportion would be best contractor, the contractor generally the contract is to be performed for which project section.” Util. will be held liable for construction and permit no deviations.” Neal Contractors, Inc. v. U.S., 8 Cl. defects relating to those & Co. v. U.S., 19 Cl. Ct. 463, Ct. 42, 51 (Ct. Cl. 1985), aff’d, specifications. 468 (Ct. Cl.1990), aff’d, 945 F.2d 790 F.2d 90 (Fed. Cir. 1986). Although specifications must 385, 389 n.4 (Fed. Cir. 1991) Performance specifications “set be either design or performance, (citing Stuyvesant Dredging Co. v. forth an objective or standard to construction contracts may have U.S., 834 F.2d 1576, 1582 (Fed. be achieved, and the successful both types of specifications. Cir. 1987)). In J. L. Simmons Co., bidder is expected to exercise See Util. Contractors, Inc., 8 Cl. the court found pile foundation his ingenuity in achieving that Ct. at 50 n.7. The distinction specifications to be “a classic objective or standard of between design and performance example of ‘design’ specifications” performance.” J. L. Simmons Co., specifications is not always clear. because they “contained the most 412 F.2d at 1362. For example, Federal case law is fertile ground definite and precise requirements the ignition cartridge specifications when trying with respect to the piles to be in Penguin Industries, Inc. v. U.S., to identify installed.” 412 F.2d at 1362. The 530 F.2d 934 (Ct. Cl. 1976), were persuasive piles “were to be cast-in-place performance specifications because authority on concrete type piles cased with a “[i]t was left to the contractor to the issue. steel shell, and were to be one of use its own judgment, experience three types.” Id. and knowhow” to complete the Design specifications are highly project. Id. at 937. The court Author: detailed and “contain an implied explained that “[w]hile detailed Valeen Arena - warranty that if they are followed, specifications for the cartridges GrayRobinson, P.A. 54 1879(98,795463 )9-+/8928*0.7 BLI Leadership Panel Four local leaders spent the afternoon with the members of the Bar Leadership Institute on January 20, providing their insight on topics ranging from counsel and legal issues to general leadership questions. The panelists were Eual Tyler Cathey, CEO and general counsel of Franklin Street; Kelly Lefferts, group vice president, U.S. general counsel and secretary of Bloomin’ Brands, Inc.; Gerard Solis, general counsel for the University of South Florida; and Michael Stephens, general counsel and vice president of information technology for the Hillsborough County Aviation Authority and Tampa International Airport. The BLI appreciates the panel members taking time out of their busy schedules to speak to the group. The BLI also would like to thank its sponsor: Construction Law Luncheon On January 19, Timothy D. Woodward, a partner in the Tampa office of Shutts & Bowen, LLP, spoke to the Construction Law Section about Daubert challenges in state and federal construction claims. Topics discussed were the do’s and don’ts of these challenges, notable Daubert construction decisions, and strategies for making effective use of the standard. The members of the section thank LexisNexis for sponsoring its luncheon. 1879(98,795463 )9-+/8928*0.7 56 tHe espn of lAw – Clients Are wAtCHing Corporate Counsel Section Co-Chairs: Michael Stein - American Integrity Insurance Group; and Jillian Feltham - Laser Spine Institute valuation.2 offering win Premonition rate products.5 has been on But these the forefront companies, of using AI to including analyze lower every great change Bloomberg, court decisions in law will come LexisNexis to provide and Lex insights into from transparency. Machina, are attorney not currently win rates, equipped to he discussion about case-duration or geared artificial intelligence statistics, and judicial analytics to toward providing metrics on lower (AI) in law has largely corporate clients. court decisions on a nationwide or been framed around “Win rates are standard,” notes global basis. Focusing on appellate whether AI will replace lawyers and Unwin, “they’ve been adopted by decisions and niche areas of law, cutT into law firm profit margins. enough companies, and they’re these companies are like local But this frame only covers a not going to go away.”3 Some of sports news stations reporting fraction of the legal market canvas the biggest insurance companies on highlight reels. On the other and misses the overarching concern in the market have been using hand, Premonition, armed with for corporate clients: How will AI Premonition’s data to predict the largest litigation database in the provide increased transparency and their chances of winning and to world6 and an AI system analyzing enhanced risk management tools determine whether to settle cases.4 thousands of new cases per day, is for in-house legal departments? If win rates are good enough for the ESPN of law, and your clients Since 2008, corporate clients insurance companies, which drive are watching. have been leveraging their the litigation market, it is only purchasing power over law firms a matter of time before other 1 Telephone Interview with Toby to obtain discounted rates and corporate clients catch wind. Unwin, CIO, Premonition LLC scrutinize invoices. While the For in-house counsel, reducing (Oct. 3, 2016). billable hour is under siege, and litigation risk and legal spend is in 2 $100M Seed Valuation? Premonition firms are fighting to protect their their client’s best interest. Imagine Oversubscribes, PR Newswire Ass’n market share, litigation has been if corporate counsel acquired win (Nov. 4, 2015), http://www.prnewswire. seen as one of the last true rate data for an important case com/news-releases/100m-seed- strongholds for firms. But even and discovered that opposing valuation-premonition-oversubscribes- large litigation departments are counsel had won nine out of 300172448.html (“Premonition”). not immune from new performance the last ten times in front of the 3 Unwin, metrics once adopted by powerful presiding judge, with an average supra note 1. market participants. case duration of five years. 4 Id. “Every great change in law will This data can not only provide 5 Id. come from transparency,”1 claims corporate counsel with a more 6 Premonition, Toby Unwin, CIO and co-founder forward-thinking perspective, but supra note 2. of Premonition, a Miami-based, it also can help forecast the overall AI-infused legaltech company that cost of litigation for their client. was founded in 2014, and raised Unwin also notes that there are Author: Jeff Cox, a seed round at a $100 million now a dozen different companies Esq. Government Attorneys Can Join the HCBA for a Reduced Rate. Go to hillsbar.com to learn more! 2 2 MAR - APR 2017 | HCBA LAWYER 1879(98,795463 )99-+/8928*0.7 5 USE OF VIDEO AND SURVEILLANCE VIDEO IN TRIAL Criminal Law Section 8A-8;DC@>%F,5>?CBF(E?@E Statutes, defines In other words, relevant the proponent evidence as of the video must “evidence lay a foundation tending to prove that the video or disprove a fairly and material fact.”2 accurately To meet this represents a burden, the material fact or proponent of issue. A common the evidence Criminal practitioners misconception is n modern society, it is not must simply that the person uncommon for people’s identify the (and trial attorneys in who took the actions to be recorded — fact for which general) must be familiar video must testify either with or without their it is offered in order for it to Iknowledge. License plate readers, red to prove and with the foundational be admissible; light cameras, public space cameras demonstrate requirements for this is simply purchased by local, state and federal that the fact incorrect. While admitting video evidence. agencies, bus and taxi cab videos, is material to the person that police body cameras, and the cell the litigation. took the video phones of millions of individuals For example, will certainly are all capable of recording portions a convenience have the ability of our lives. As such, criminal store video depicting the to testify that it fairly and accurately practitioners (and trial attorneys commission of a robbery may be depicts the events that were captured, in general) must be familiar with relevant because it tends to prove anyone who witnessed the recorded the foundational requirements for the identity of the perpetrator as events is competent to sufficiently admitting such evidence. This article the defendant. This is the simple lay the foundation for the recording will attempt to cover the basics of part and, in my experience, is to be admitted into evidence. In video evidence admissibility. usually not challenged. H.A. v. State,4 a drugstore employee First, the recording must be Second, videos are admissible on relevant.1 Section 90.401, Florida the same basis as still photographs.3 Continued on page 25 5" 1879(98,795463 )99-+/8928*0.7 USE OF VIDEO AND SURVEILLANCE VIDEO IN TRIAL Criminal Law Section Continued from page 24 authenticated a surveillance video. This method of introducing such evidence is known as the “pictorial testimony” theory of admissibility.5 Additionally, video evidence may be admissible under the “silent witness” theory — i.e., when there is no individual videographer available to authenticate the video.6 Under this theory, the evidence may be admitted when the trial court finds it reliable, after having considered the following: (1) evidence establishing the time and date of the photographic evidence; (2) any evidence of editing or tampering; (3) the operating condition and capability of the equipment producing the photographic evidence, as it relates to the accuracy and reliability of the photographic product; (4) the procedure employed, as it relates to the preparation, testing, operation, and security of the equipment used to produce the photographic product, including the security of the product itself; and (5) testimony identifying the relevant participants depicted in the photographic evidence.7 In Lerner v. Halegua,8 however, the Third District Court of Appeal that held still photos of frames from a surveillance video were not admissible under either theory. To authenticate the photos at trial, Halegua offered the testimony of Winston, who had taken the photos. Winston testified the photos (taken of frames from his condominium building’s surveillance video) depicted Lerner leaving threatening messages outside his condominium door. In holding that the trial court erred in admitting the photos, the Third DCA noted that Winston did not personally observe the events depicted on the video; had no responsibility for the operation, placement, or maintenance of the video camera; and had no direct knowledge regarding the procedure for retrieving or copying the portions of the video.9 In conclusion, the admission of video evidence is relatively simple. If there is a witness that observed the recorded events, simply lay the foundation through that witness. If there is no such eyewitness, you can still admit the evidence under the “silent witness” theory provided you can establish the relevance and reliability of the video using the factors indicated in Wagner.10 1 § 90.402, Fla. Stat. (2016). 2 § 90.401, Fla. Stat. (2016). 3 Charles W. Ehrhardt, Florida Evidence § 401.3 (2009). 4 H.A. v. State, 24 So. 3d 752 (Fla. 3d DCA 2009). 5 Wagner v. State, 707 So. 2d 827, 829 (Fla. 1st DCA 1998). 6 Id. at 831. 7 Id. 8 Lerner v. Halegua, 154 So. 3d 445 (Fla. 3d DCA 2014) 9 Id. at 447-48. 10 Wagner, 707 So. 2d at 831. Author: Adam L. Bantner, II - The Bantner Firm 1879(98,795463 )99-+/8928*0.7 5! OVERCOMING THE IMPOSTER SYNDROME Diversity Committee 8A-8;DC@>%F'C6A?;9F87F$D@?CBF-F$D@?CBF0D)F"11C:E FDB experience it check the to a greater attributes that degree. may obstruct Now that effective we can identify leadership the imposter and teamwork. syndrome, we In essence, must find ways effective to self-combat leaders and suppress understand it. Combative that they may he “imposter syndrome” strategies experience can be described as the include the imposter internal, self-inflicted recognizing syndrome, feeling that you are your role in but actively notT as competent or capable as each victory, Everyone suffers from suppress it. you in fact are. The feeling is often tracking your the imposter syndrome As a personal accompanied by the concern that successes, not example, others will soon realize that you comparing to a certain degree. given that are not actually qualified to handle yourself to the Chinese the tasks assigned to you. The others, and culture in fear that you will be “found out” not demanding which I was can be mentally debilitating and perfection of yourself. Another raised prides acquiescence and obstruct the ability to complete effective method is to openly deference over individuality, I even routine work tasks. You might discuss your feelings with your must actively encourage myself think, why did they ask me to draft colleagues and friends, many of to speak up and offer my opinions, this complicated brief ? Will I do whom likely also experience the particularly when not asked. as good a job as the other attorney imposter syndrome. You must As with many problems, the down the hall? recognize that the imposter first step in fixing the imposter I personally experience the syndrome is not true or reflective syndrome is recognizing that you imposter syndrome on a number of of one’s actual abilities. With this — as well as many of your diverse levels — as a young associate, as a understanding, we can all achieve and non-diverse colleagues — woman, and as an Asian American. greater self-confidence, appreciation experience it to some degree. With As I have come to find out, for others’ contributions, better this in mind, I challenge all of us to however, I am not alone. There teamwork, and likely a greater start taking daily steps to talk openly is nothing to be ashamed of. enjoyment of our profession. about the imposter syndrome, Everyone suffers from the imposter Not only will overcoming the combat it, and syndrome to a certain degree — imposter syndrome allow us to support one everyone — regardless of gender, become better lawyers, it will help another in our racial or ethnic background, age, us become more effective leaders. struggle to socioeconomic class, or other In my opinion, effective leadership overcome it. distinguishing feature. While the requires a remarkable amount of imposter syndrome does not introspection. Effective, respected Author: Linda discriminate, the growing literature leaders recognize their own J. Z. Young - suggests that women and those weaknesses, understand their own Buchanan Ingersoll of racial and ethnic backgrounds natural tendencies, and intentionally & Rooney PC Plan to attend the Diversity CLE on April 19! 5# 1879(98,795463 )99-+/8928*0.7 HCBA WELCOMES NEW MEMBERS DECEMBER 2016 & JANUARY 2017 Abby Altman Sueann Hall Gabriella Perez Rob Angstadt Ashley Hart Yohance Pettis Miles Archabal David Horvath Reshma Pharsi Thomas Bonan Kelley Howard Loren Pincus David Box Anthony Indorato Brittany Pinson David Bradley Adam Itzkowitz Mason Pokorny Rick Briggs Maryann Jaghab` Curran Porto Richard Bruner Frances Johnson Athena Provemzano David Byrne Karen Johnson Aaron Reichelson Paul Carrier Jared Kahn Jordan Richardson Chaplain Celerin Barbara Kalinowski Natalie Roberts Staci Chisholm Andrew Kanter Sarah Roddenberry Sonya Colon Sean Keefe Anabella Rojas Linda Commons Kimberly Kelley Angelica Roselló Laura Daube Griffin Klema Alexandra Salerno Gary De Pury Shederis Lakin Alan Sandler Paul Driscoll Nicola Larmond-Harvey Alexandra Sankin Amanda Droleski Susan Lawson Kayli Santa Stephen Fern Roger Lewis Brandon Sapala Mark Fields Steffen LoCascio Kevin Schmitt Paul Figueroa Charles Malloy Monica Shasteen Daniel Fischetti Stacy McNally Amanda Singh April Fly Nicia Mejia Genesis Smith Jason Fox Jeni Meunier Ronald Trybus Megan Gajewski Antina Mobley Lisa Westberry Shawn Goforth Renee Muratti Cheyenne Whitfield Rashad Green Thomas Palermo Alicia Winterkorn Amanda Grgurich Marc Parish 1879(98,795463 )99-+/8928*0.7 53 THE NEED FOR “PARTICULARITY” IN QUI TAM CASES Health Care Law Section ! ! !! !! ! ! ! ! ! !! ! ! and engaged in to the other improper government, documentation the court practices. She ruled that the also alleged relator failed that the to connect organization the alleged violated the fraudulent Anti-Kickback scheme to statute by particular paying instances he False Claims Act employees To state a claim of fraud or encourages individuals, for falsifying misrepresenta - for relief, relators known as “relators,” records. tion. Id. at *9. to report knowledge Rather than must allege with The heightened ofT fraud against the government. specifically pleading particularity the The Act incentivizes relators (and allege that requirement their lawyers) by promising them the defendants submission of a false for fraud is a bounty for suing to recover actually claim for payment intended to damages for the fraud. Specifically, submitted false prevent parties the relator receives a percentage claims to the to the government. from filing of any amount recovered in a false government lawsuits merely claims case, whether by judgment or that the so they can or settlement. But there is a government conduct constant tension between made any payments based on the discovery to determine whether a encouraging plaintiffs to bring cases alleged fraudulent activity, the claim exists. Id. alleging fraud, on the one hand, relator generally alleged that she The trial court noted that certain and protecting defendants from “had a reliable indication that “indicia of reliability” can help frivolous cases, on the other hand. claims were fraudulently submitted propel a relator over Rule 9(b)’s The decision in U.S. ex rel. to Medicare for payments by strict pleading hurdle. “Without Jallali v. Sun Healthcare Grp., 2015 Defendant[s].” direct evidence of claims submitted WL 10687577 (S.D. Fla. Sept. 17, The trial court dismissed the to the government, a relator could, 2015), aff’d sub nom. Jallali v. Sun relator’s case with prejudice.1 The nevertheless, survive a Rule 9(b) Healthcare Grp., 2016 WL 3564248 court observed that Rule 9(b) challenge by showing that he or (11th Cir. July 1, 2016), illustrates requires fraud to be alleged with she held a position and performed how the Rule 9(b) requirement, particularity. In a False Claims Act a work function that allows him that a plaintiff allege fraud with case, the complaint must state the or her to allege with specificity particularity in the initial complaint, time, place, and substance of the and from personal knowledge helps strike this important balance. defendant’s alleged fraud, including that false claims were submitted The relator in Jallali worked as a the “who, what, where, when, and for payment.” Id. at *6. The court, Therapy Program Manager and how of any specific false claim for however, refused to infer that a Director of Rehab and Therapy payment.” Because the complaint claim submissions must have been at Miami-based Sun Healthcare failed to identify any false claim submitted to the government. The Group. She alleged Sun Healthcare for payment submitted, or specific employees changed patient records certification of compliance made, Continued on page 29 INTERESTED IN SUBMITTING AN ARTICLE TO THE LAWYER MAGAZINE? CONTACT YOUR SECTION CHAIR TODAY. Continued from page 28 court reasoned that this alternate method of pleading claim submissions did not “relax” the Eleventh Circuit’s strict requirement that relators plead fraud with particularity. Id. Successful allegations demonstrating the requisite indicia of reliability assert the relator’s direct, first-hand knowledge of the defendant’s billing practices related to submissions for payment to the government. Affirming the trial court’s dismissal, the Eleventh Circuit issued Health Care Law & Criminal Law a two-page opinion reiterating its long-standing precedent that, to state Sections Hold Joint Luncheon a claim for relief, relators must allege The Health Care Law and Criminal Law sections came together on December 6 for the submission of a false claim for payment to the government with an introduction to qui tam lawsuits from Natalie Khawam of Whistleblower Law Firm. particularity. Jallali, 2016 WL Khawam and her firm sponsor the ABA’s annual Qui Tam Conference in Washington, D.C. 3564248, at *1-2. Fortunately for qui tam defendants The members of the sections thank First Citrus Bank of sponsoring this luncheon. faced with a potentially frivolous suit, Jallali upholds exacting Eleventh Circuit precedent for specificity in False Claims Act complaints. Relators seeking to recover a bounty for identifying fraud against the govern - ment must have specific facts that would support all of the elements of the case, including the submission of a false claim to the government for payment. 1 After dismissing the relator’s federal False Claims Act counts with prejudice, the court dismissed the relator’s common law claims for lack of standing. Authors: Adam Schwartz & Erin Hoyle – Carlton Fields 1879(98,795463 )99-+/8928*0.7 5 Congratulations! Florida Bar Pro Bono Awards Announcement In a special ceremony on January 19 at the Supreme Court of Florida, two local legal professionals and HCBA members were recognized for their commitment to pro bono service. Katherine Earle Yanes was presented a Florida Bar President’s Pro Bono Service Award for her countless hours of pro bono service in the Thirteenth Circuit. Yanes is a key part of the Clemency Project 2014’s success, for which she has documented more than 500 volunteer hours writing petitions, assisting ' $% &$9.'%$90'&$ volunteer attorneys by answering questions or giving them guidance with sentencing guidelines, and serving as a member of the Screening Committee. Yanes also continues to represent clients on a pro bono basis through Crossroads for Florida Kids, Inc. and the Stetson Innocence Pro Bono Project. Also at the ceremony, attorney Lynn Katz Hanshaw was recognized with a Pro Bono Service Award for her years of dedication to pro bono work in the Sixth Circuit. Hanshaw has volunteered at intake sessions at the Community Law Program, participated in every Lawfest (a community law event in south St. Petersburg), helped establish the first fair-housing consortium in the Pinellas-Hillsborough area, and made arrangements to take every caller to Stetson’s veterans program with a landlord/tenant issue. In addition, she has participated in HCBA’s monthly Ask-A-Lawyer program at Fox 13 News for many years. The HCBA is honored to have such upstanding role models to serve as leaders in our legal community. 2&&9 ' 9-'& ' 1879(98,795463 )99-+/8928*0.7 6 5 1879(98,795463 )99-+/8928*0.7 1879(98,795463 )99-+/8928*0.7 Diversity Membership Luncheon The Hon. Bernice B. Donald of the U.S. Court of Appeals for the Sixth Circuit spoke to a group of about 400 attorneys, judges, and guests during the HCBA’s Diversity Membership Luncheon on January 11. Judge Donald inspired the crowd with her personal story of rising in the judiciary as an African-American woman and her message of encouraging diversity in the legal profession (read more about Judge Donald’s speech on page 8). Also at the luncheon, the Hillsborough County Bar Association recognized Margaret Mathews with the Outstanding Lawyer Award for her devotion to the legal profession and the community. The Young Lawyers Division recognized Tammy Briant with the Outstanding Young Lawyer Award, and the YLD showed appreciation for Judge Frances Perrone by giving her the Robert Patton Outstanding Jurist Award. Additionally, the HCBA would like to thank all the representatives of the various local bar associations who came out to support this event. Thank you also to our luncheon sponsor: Florida Lawyers Mutual Insurance Company. 1879(98,795463 )99-+/8928*0.7 ! Photography is courtesy of Thompson Brand Images. Thompson Brand Images is a benefit provider for the HCBA. www.thompsonbrandimages.com. Visit Facebook.com/HCBATampaBay to view additional photos from the Membership Luncheon. # 1879(98,795463 )99-+/8928*0.7 1879(98,795463 )99-+/8928*0.7 3 Holiday Open House The Hillsborough County Bar Association hosted about 300 lawyers, judges, family members, and friends at the Holiday Open House on December 1. Attendees enjoyed a festive atmosphere as they gathered to celebrate, mingle, and catch up before the year came to a close. The open house was a great success, thanks largely in part to the generosity of our sponsor: The Bank of Tampa. Photography is courtesy of Thompson Brand Images. Thompson Brand Images is a benefit provider for the HCBA. www.thompsonbrandimages.com. Visit Facebook.com/HCBATampaBay to view additional photos from the Holiday Open House. 1879(98,795463 )99-+/8928*0.7 1879(98,795463 )99-+/8928*0.7 FOREIGN NATIONAL ENTREPRENEURS AND IMMIGRATION Immigration & Nationality Section 8;DC@%F DBCE=DF*A.5EFF$DBE9FA@ requirements. entrepreneurs The amount of from India or the investment China would and the have to wait years job-creation to immigrate requirements based on a NIW are reduced if waiver because the investment of severe is made in country-specific a government- backlogs. designated Another recent mmigration has been “Regional development was wrapped in controversy, in Center.” But Recent immigration the Final Rule part due to the presidential the EB-5 visa is agency actions have DHS published election. But regardless of likely to become sought to facilitate on January 17, Iour political beliefs, investment in more restrictive 2017, which U.S. businesses, job creation, and in the near immigrant entrepreneurs would allow innovation should be desirable future. The and investors. the temporary goals. Recent U.S. immigration EB-1 path is “parole” actions have sought to facilitate for immigrants (admission) entrepreneurship and investment who can of certain by foreign nationals. prove, through entrepreneurs While several types of temporary extensive evidence, that they are of start-up entities if their stay in visas may be appropriate for “one of a small percentage at the the U.S. would provide a significant entrepreneurs, these options are top” of their field of endeavor. public benefit through the limited and paved with stumbling Recent immigration agency substantial and demonstrated blocks. For example, the E-2 visa actions have sought to facilitate potential for rapid business growth is only appropriate for foreign immigrant entrepreneurs and and job creation. This option allows investors from select countries that investors. For example, on December foreign nationals to lawfully pursue have trade treaties with the U.S. 27, 2016, the Department of their U.S. start-up businesses The O-1 visa requires a sponsoring Homeland Security’s (DHS) temporarily — perhaps, until employer or agent and a showing Administrative Appeals Office they are qualified to apply under that the immigrant possesses (AAO) issued a precedent decision the existing temporary visa or “extraordinary” abilities. The in Matter of Dhanasar, modifying permanent residence paths. L-1 visa is only for individuals the standard governing National DHS has recently made strides who spent a requisite period Interest Waivers (NIW). Through in facilitating lawful immigration of time working for a “related” the NIW category, individuals with of entrepreneurs who contribute to entity abroad in a managerial or advanced degrees or exceptional the economy through investment, executive capacity, or who possess skills may obtain permanent job creation, and innovation. But “specialized knowledge.” residence without a sponsoring there is still a long way to go in Visas granting entrepreneurs employer if their work would be order to attract and investors permanent residence in the national interest. Even the best and are likewise limited and rife with self-employed individuals can the brightest obstacles. For example, through apply, making this category highly to our country. the EB-5 investor program, desirable for entrepreneurs. In individuals can immigrate if they Dhanasar, the AAO abolished the Author: invest one million dollars in a U.S. previous NIW framework, which Yova A. Borovska enterprise that creates or preserves was particularly problematic for - Buchanan, at least 10 jobs for U.S. workers, entrepreneurs. Despite the good Ingersoll & among other very rigorous news for many entrepreneurs, Rooney PC "4 1879(98,795463 )99-+/8928*0.7 WORKPLACE SAFETY AND OSHA’S NEW REPORTING RULE Labor & Employment Section 8A-8;DC@>%F,D6CEF$D@:D@CAF-F@[email protected]'@D5@C.&F(727 FDB Fed. Reg. 29,624 effect within the (May 12, 2016) preceding six (to be codified at months, or for 29 CFR pts. a retaliatory 1902 &1904). act within that The new rule period. This is provides that a a significant “procedure is expansion not reasonable of OSHA’s if it would deter enforcement or discourage Employers would be well authority n December 1, 2016, a reasonable regarding the Occupational employee from advised to examine their retaliation. Safety and Health accurately incident reporting Section 11(c) of Administration’s final reporting” the Occupational Orule regarding employee reporting an incident. procedures and safety Safety and Health of work-related injuries and illnesses 29 C.F.R. § programs in light of Act already (referred to as “incidents”) went into 1904.35(b)(1)(i). prohibits general OSHA’S new rule. effect. 29 C.F.R. § 1904.35(b)(1). Under the retaliation The new rule took effect only days new rule, which against an after a federal court refused to pre - is currently in employee for liminarily enjoin its implementation effect, OSHA reporting a while deciding the merits of a may cite employers for using safety violation of the Act, but OSHA lawsuit alleging that the new rule incentive programs that reward cannot take action under that unlawfully obstructs employer employees for having few or no provision unless an employee safety programs. TEXO ABC/AGC, incidents, because such programs files a retaliation complaint within Inc. v. Perez, No. 3:16-CV 1998-L deter employees from reporting 30 days of the adverse action. (N.D. Tex. Nov. 28, 2016). While incidents. 81 Fed. Reg. at 29,673. 29 C.F.R. § 1977.3. The new TEXO remains pending in federal Moreover, if an employee reports rule allows OSHA to cite employers court, employers in Florida and an incident and is subsequently who retaliate against reporting around the country should examine denied a benefit under the safety employees anytime within six their incident reporting procedures, incentive program, this constitutes months of the adverse action, as well as any safety incentive retaliatory action against the regardless of whether an employee program or post-injury drug testing employee. Id. at 29,674. files a complaint. policy they have in place, in light Similarly, OSHA views Although the ultimate validity of OSHA’s new reporting rule. mandatory post-incident drug and construction of the new rule is OSHA requires many private testing as an adverse action that unclear, it is currently in effect and employers to submit incidents discourages incident reporting. enforceable against many employers. records. The accuracy of these Id. at 29,673. Under the new So employers would be well advised records depends, in large part, on rule, post-incident drug testing is to examine their incident reporting employees reporting incidents to permissible only when there is a procedures and their employers. With this in mind, reasonable possibility that drug safety programs OSHA published the final rule, use by the reporting employee in light of which amends section 1904.35(b)(1) contributed to the reported OSHA’S to explicitly require employers to incident, or where state, federal, new rule. “establish a reasonable procedure” or workers’ compensation laws for employees to report incidents require the testing. Id. Author: and to prohibit retaliation for such The new rule allows OSHA to Benjamin S. reporting. Improve Tracking of cite employers for an unreasonable Briggs - Trent Workplace Injuries & Illnesses, 81 reporting procedure that was in Cotney, P.A. 1879(98,795463 )99-+/8928*0.7 "6 ARE WE GIVING THE PAYOR SPOUSE CREDIT WHERE CREDIT IS DUE? Marital & Family Law Section 8;DC@%F,C==F0A)EF-F,C==F7F0A)EF(727 purposes of per the IRS. calculating Amounts paid temporary on behalf of the child support. other spouse Likewise, for utilities, if under section designated as 61.30(2)(3)(g), alimony, can Florida Statutes, be deducted. “spousal support So, some of paid pursuant to the temporary a court order payments of uring a marital from a previous Should monies paid household dissolution proceeding, marriage or the for household expenses expenses arguably a spouse may seek an marriage before can be deducted award of temporary the court” is an be considered income by the payor Dalimony. See § 61.071, Fla. Stat. allowable income spouse. to the recipient? (2016). In lieu of awarding deduction. So “[T]emporary temporary alimony, the court may payments made awards are among (in certain circumstances) order to maintain the the areas where a spouse that vacated the marital status quo should trial judges have home to continue paying the same be deducted from the payor spouse’s the very broadest discretion.” household expenses for the spouse income for purposes of calculating Aziz v. Aziz, 45 So. 3d 975, 978 remaining in the home. Belcher v. child support. (Fla. 2d DCA 2010) (quoting Belcher, 271 So. 2d 7 (Fla. 1972). If these payments are considered Driscoll v. Driscoll, 915 So. 2d 771, If such an award is made, should income to the recipient spouse and 773 (Fla. 2d DCA 2005) (alteration the monies paid for household excluded from the payor spouse’s in original)). Appellate courts are expenses be considered income income for purposes of calculating reluctant to reverse a temporary to the recipient for purposes of temporary child support, are the order. Id. As such, it is important calculating temporary child support? payments tax deductible? In order for practitioners to make sure Should the payor spouse be allowed for the Internal Revenue Service that any payments made from to deduct the payments from his to consider a payment as alimony one spouse for the benefit of the income for purposes of calculating (temporary or permanent), the other is credited appropriately child support, like he would if they parties cannot reside together and when calculating child support. were categorized as alimony? the payments must be in cash (not At the very least, the payor should Section 61.30(2)(a)(13), Florida a service), via a written instrument receive a Statutes, defines income, for (court order), designated as alimony, deduction from purposes of determining child terminate upon the recipient’s death, income for the support, to include “reimbursed and not be designated as child payment of expenses or in-kind payments to support. See Publication 504, household the extent that they reduce living Divorced or Separated Individuals. expenses. expenses.” Based on that definition, But if the parties own their home payments made to maintain the jointly, only half of the mortgage Author: Eliane other party should be included in payments (principal and interest) I. Probasco - the recipient spouse’s income for paid directly can qualify as alimony Probasco Law, P.A. Get active with the HCBA by joining a Section or Committee. "5 1879(98,795463 )99-+/8928*0.7 Marital & Family Law Luncheon and CLE Nora Bergman of Real Life Practice spoke to the Marital & Family Law Section during its luncheon on January 18 about methods that increase productivity, decrease stress, and get more done in less time. After the luncheon, local attorneys David Townsend, Paul Maney, Mark C. Mann, and Amy D. Singer presented a four-hour CLE regarding standards and techniques for collection, enforcement and modification of final judgements. The section would like to thank its sponsor: 1879(98,795463 )99-+/8928*0.7 " VTC MENTORS AT WORK Military & Veterans Affairs Committee 8A-8;DC@>%F$D??F*D==FF*C==FD@ the middle of to pay their the night or on apartment the weekend; rent when it when the becomes due weather is within days. terrible, etc. With no means, In those cases, family, or friends mentors are to move their called on to give belongings, the extraordinary mentor team effort. Here Primarily due to mentors’ once again he Tampa Veterans are just a few reacts, packing Treatment Court’s instances: efforts, the success rate and moving mentor team faces A veteran of the veterans who enter their belongings many challenges. mentee that and vehicle to a TheT team, made up of eight senior returned to this program has gone secure location mentors and nearly 50 junior society is from the traditional to wait for the mentors, is responsible for unable to afford mentee’s release. mentoring veterans who have apartment 20 percent to an In another fallen on hard times and become furnishings. outstanding 80 percent, instance, a a statistic in the judicial system. The mentor saving taxpayers over veteran and his Because they are either retired or team rallies wife, homeless have chosen to make extra time to to not only $3.5 million annually. for over six help their less fortunate brothers provide donated months, finally and sisters, senior mentors absorb furniture and receive an most of the actual mentoring. other household apartment But senior and junior mentors items, but to deliver a bike for through the HUD-VASH program. alike face the same challenge: When transportation, as well. All their meager possessions are mentees request help, the calls often Another veteran mentee, and in a storage unit 15 miles from the come at the most inconvenient his finance, are incarcerated. apartment. The couple only has times — when businesses, offices, They stand to lose their personal and organizations are closed; in belongings because they are unable Continued on page 45 Meeting the Challenge! "" 1879(98,795463 )9-+/8928*0.7 VTC MENTORS AT WORK Military & Veterans Affairs Committee Continued from page 44 In addition to moving the struggling “feel” the effort and sacrifice that couple, Fletcher arranged delivery the mentors put towards helping minimal furniture and household of two bicycles for the veteran and them move back towards a normal goods, so Col. Jim Fletcher, who his wife. These bicycles were and healthier lifestyle. volunteers for both the VTC donated to the mentor bicycle Because of the mentors’ efforts program and the Tampa chapter of program and refurbished by a and personal involvement, the the Vietnam Veterans of America senior VTC mentor. Previously the success rate of the veterans who (VVA), arranges for furniture to couple had to rely on bus travel for enter this program has gone from be donated to the couple from the transportation. The family is now the traditional 20 percent to an VVA’s stock of donated furniture. well on their way to a stable home outstanding 80 percent, saving Fletcher also organizes the environment with a fully furnished taxpayers over $3.5 million annually. couple’s move by contacting the apartment and transportation. And what do the mentors get for local office of Two Men and a These are but a few examples this invaluable service? The answer Truck and potential volunteers. of how the veteran mentors give is that their only reward comes in Two Men and a Truck were true to their time, effort, and considerable the form of the honor and pride they their motto: “Movers Who Care.” sacrifice to aid the veteran mentees. receive from continuing to serve and They provided a moving van and Mentors often cancel family outings, help out their brothers and sisters two men at no cost. Two mentors are called late at night and on with prior from the VTC and a prospective weekends, and spend countless military service. mentor immediately volunteered to hours organizing assistance for help. Another veteran, a recipient the mentees; least of these are the Author: in the VTC program, also helped hours spent advising, counseling, Capt. Carlos and brought two other volunteers and guiding. These efforts however Flanagan, USN with him. As a result, the move are not free for the mentee. The (Retired) - Senior was completed in a single morning mentors work with the mentees to Lead Mentor rather than taking multiple days ensure that these efforts are not with the Veterans and requiring several pickup trucks. seen as gifts or handouts, but rather Treatment Court qSave the Dates May 11 HCBA Law Day Membership Luncheon Learn more about at the Hilton Tampa Downtown HCBA events at www.hillsbar.com. STAY CONNECTED May 18 Law & Liberty Dinner at the Hilton Tampa Downtown June 8 Installation of Officers & Directors at the Chester H. Ferguson Law Center 1879(98,795463 )9-+/8928*0.7 "! WHAT’S IN STORE FOR THE SECURITIES INDUSTRY FOR 2017? Securities Section 8A-8;DC@>%F DBF CE?@C:;F-F+5@@F F!A@6DBF00( FDB the regulators relationships will continue evolve with to focus their external efforts on partnerships, protecting contractors, senior investors and other and that a large resources part of their where data efforts to protect is exchanged. retail investors The regulators will involve An ounce of prevention have identified t the time of writing, assessing is worth a pound of cure, specific areas President-Elect Trump the types of of concern, has not yet been sworn investments but the first step is including in, and the nominee being knowing what exactly the lack of forA the top position at the SEC — recommended. passwords, Sullivan & Cromwell partner But there have you are trying to prevent. encryption Jay Clayton — has not yet been been new of data, confirmed. A South Carolina business implementation Congressman has introduced a bill challenges and of virus in the House of Representatives market developments that have led protection, and the physical security that would delay implementation of the regulators to focus on newer of assets. If they are not already the DOL’s “Fiduciary Rule” by two topics as well. doing it, firms should be making it years, and the Tenth Circuit Court One topic that will come to the a priority to update their policies of Appeals recently held that the forefront is cybersecurity, especially and procedures to address SEC’s administrative law judges given the ever-increasing ubiquity cybersecurity issues and make sure are unconstitutional. Needless to of technology in our daily lives, and that proper controls are in place. say, legal uncertainty abounds for the constant stream of news stories While the priority letters are the securities industry in 2017. But about election-related “hacking” not an exhaustive list, they provide the waters we are entering are not and data breaches at corporations an important roadmap to ensure completely uncharted, and we can such as Yahoo! and Target. As such, compliance and protection for take some comfort in the modicum cybersecurity remains one of the industry participants. The regulators of certainty granted by the SEC’s most significant risks firms face, allocate significant resources to the and FINRA’s annual Examination and both the SEC and FINRA examinations they conduct, and Priorities letters. have disclosed an intent to continue industry participants should similarly The priority letters provide monitoring and examining cyber - allocate sufficient resources to industry participants with security compliance procedures and stay ahead of the compliance and information on the areas the controls. One area of focus is the examination curve. As always, an regulators plan to review in 2017. methods firms use to prevent data ounce of prevention is worth a The areas arise from reoccurring loss, store data, and transmit data pound of cure, but the first step concerns, weaknesses that have through the firm to outside vendors. is knowing what exactly you are been observed while executing the A data breach by vendors could trying to prevent. regulatory programs, and input have a material impact on firms. So from investor advocates, firms, it’s imperative that loss prevention Authors: Rob Jamieson – Wiand and other regulators. As is now and protection procedures are in Guerra King and Dan Dietrich – Burr customary, these letters reveal that place. This becomes important as & Forman LLP Spring is a busy season for HCBA! Go to hillsbar.com to learn about upcoming events. "# 1879(98,795463 )9-+/8928*0.7 Honoring our Veterans Treatment Court Family and Supporters With the holiday season as the festive backdrop, the Diversity Action Coalition, a 501(c)(3) whose mission supports both veterans and special needs initiatives in Hillsborough County, hosted its Second Annual Holiday Gathering on December 16. Members of the Thirteenth Judicial Circuit’s Veterans Treatment Court (VTC), along with family members and veteran support organizations, assembled together for a night of fellowship, celebration, and recognition of those who give selflessly every day to veterans who find themselves in trouble with the law and enrolled in the VTC. Six local businesses, along with private individuals, provided donations that significantly defrayed costs for this event. Recently touted by U.S. Attorney General Loretta Lynch as the model VTC in the country because of its high first-time graduation rates and the fact that its saves more than $3.5 million in local taxes annually, the Thirteenth Judicial Circuit’s VTC is a good news story for not only rehabilitated veterans, but for the local community as well. As with any noble cause, this is only possible because of the sustained individual and collective efforts of “Team VTC.” In addition to honoring the many mentors who voluntarily support the VTC program, the family members and local community organizations were recognized for their invaluable support. This year’s event also added a few special twists, in the truest of military customs and courtesies. First, the event formally “hailed” the incoming VTC Judge and his spouse, the Hon. Michael Scionti and Dr. Zsuzsanna Scionti, and “farewelled” the outgoing VTC Judge and his spouse, the Hon. Gregory P. Holder and Dee Kobliska. Second, the senior mentors “roasted” Judge Holder with a skit – “Judicial Jeopardy.” Selected VTC mentors played characters representing game show host Alex Trebek and game contestants (Judge Holder, Assistant State Attorney Stephanie Ferlita, and a VTC veteran). When the skit was over, Judge Holder was presented with a framed picture of the mentors with an inscription of an excerpt from a famous Don Quixote passage that Judge Holder lived by in his role as VTC Judge. Author: DJ Reyes, Colonel USA (retired), Senior Mentor Coordinator - Thirteenth Judicial Circuit Veterans Treatment Court 1879(98,795463 )99-+/8928*0.7 "3 NO EXIGENCY, NO PERMISSION, NO WARRANT — NO PROBLEM? Solo & Small Firm Section now or get a warrant could prison later. have been As of obtained with December the information 2015, inevitable available discovery had prior to the become a misconduct.” runaway train. Rodriguez, If your client So. 3d at 849. lived in The Court South Florida concluded that ou just received a call (Third DCA), “permitting from your best client’s the prosecutor warrantless Inevitable discovery has spouse. Your client was would have searches without arrested in the driveway been right, and become a runaway train. the prosecution ofY the family home coming back you would have demonstrating from vacation. While investigating lost the motion. that the police a matter unrelated to your client, In the Second were in pursuit law enforcement looked in the DCA, it would have been a of a warrant is not a proper window of your client’s home to toss-up. But in December 2015, application of the inevitable see if anyone was there, and saw the Florida Supreme Court, discovery rule.” Id. The Court also something they believed to be in Rodriguez v. State, 187 So. 3d made it clear that probable cause evidence of a crime separate from 841 (Fla. 2015), did what was should not obviate the requirement the one they were investigating. necessary to protect the Fourth to pursue a search warrant and that As a result, just before the family Amendment, when it quashed to do so would eliminate the role of arrived at home, law enforcement the Third DCA’s decision. the magistrate and replace judicial entered their home without a The Third DCA’s Rodriguez reasoning with the current sense warrant, exigent circumstances, decision conflicted with opinions impression of law enforcement. Id. or permission. out of the First and Fourth DCAs. The message attorneys in all When you present your motion Those DCAs held that law disciplines can take from this case to suppress, the prosecutor smiles enforce ment cannot violate the is that we should remember the and responds that, despite everything Fourth Amendment, even if they purpose for which bedrock rules, like in your motion being true, the have probable cause to do so, if the exclusionary rule, were created. inevitable discovery rule saves the they make no showing that efforts If we fail to remember, exceptions evidence. The prosecutor claims to obtain a warrant were being such as inevitable discovery may that because law enforcement had pursued before the illegal search expand in probable cause to enter the home occurred. breadth and and a warrant would have been The question presented to the increase in granted had law enforcement Supreme Court was “whether the number, until decided to request one, it doesn’t inevitable discovery rule requires one day the matter that no effort was made to the prosecution to demonstrate exceptions get a warrant. The prosecutor cites that the police were in the process replace the rule. Rodriguez v. State, 129 So. 3d 1135 of obtaining a warrant prior to (Fla. 3d DCA 2013) and tells you the misconduct or whether the Author: Leon H. that your client can take probation prosecution need only establish that Jones - LHJ Law Not receiving HCBA’s Weekly E-Newsletters? Make sure your email address is up-to-date in the online membership directory. Judicial Luncheon and Solo & Small Firm Section CLE At a combined Solo and Small Firm Section/Judicial Luncheon on January 25, Judges Emily A. Peacock and Frances M. Perrone of the Thirteenth Judicial Circuit, William Kalish from Johnson Pope Bokor Ruppell & Burns LLP, and Solo & Small Firm Section Chair Amanda Uliano, Esq. participated in a panel discussion about the local professionalism committee (LLP). They explained the background of the LPP, what professionalism issues are referred to the LLP, the procedure for referral and tips on how not to get referred to the LPP, and the positive benefits of professionalism in the legal practice. The section would like to thank Orange Legal for sponsoring this luncheon. LRIS Speaks to Local Sertoma Club The LRIS members are popular guest speakers for local organizations. In December and January, two members spoke to the Greater Tampa Sertoma Club: Jamila Little of Little Law PA gave a presentation about recent developments in immigration law, and Dale Appell with the Law Offices of Dale Appell spoke on medical marijuana and privacy issues related to technology. 1879(98,795463 )99-+/8928*0.7 " DISCOVERABILITY OF CELL PHONE DATA IN MOTOR VEHICLE CRASHES Trial & Litigation Section 8;DC@%F8D@A=CBEF,A;B>ABF0E#CBEFF"11C:EFA1F?;EF2??A@BE9FEBE@D= 2014), where interests the First implicated. District Court Id. at 167. of Appeal In addition denied a to immediately petition for issuing letters a writ of to protect certiorari against seeking to spoliation of quash a trial this evidence, court’s order counsel also oday’s cell phones do allowing an should prepare a lot more than make expert to a request for and receive calls. While inspect a Cell phone records production the national headlines driver’s and inspection are not enough in a haveT focused on the dangers cell phone, of a driver’s associated with texting while including data distracted driving case. phone and driving, modern smartphones offer associated propose an many more distractions that can with all of its inspection cause crashes. As a result, beyond applications. protocol that: cell phone records, there exists In quashing the petition, the court (1) provides the least intrusive additional evidence of use and considered both the requesting manner for recovering the data, location through the phone’s party’s discovery rights and the (2) ensures no destructive testing integrated software, such as whether driver’s constitutional right to takes place, (3) is sufficiently limited the driver drafted a text, dialed privacy. In balancing these in scope, and (4) accounts for the a number, searched for contact competing interests, the court made owner’s privacy rights, similar to information, reviewed an old it clear that cell phone usage at the the inspection protocol detailed message, browsed the internet, time of the crash, and the attendant in Antico. See also Rule 1.350(a) posted on or reviewed social data, were highly relevant under (“Any party may request any other media, or used any other of the the facts of that case. Id. at 166- party … to inspect and copy any phone’s many features. Additionally, 167; see also S. Florida Blood Serv., designated documents, including GPS-enabled phones can now Inc. v. Rasmussen 467 So. 2d 798, electronically stored information … provide conclusive proof of what 803 (Fla. 3d DCA 1985), approved, and other data compilations happened leading up to the crash, 500 So. 2d 533 (Fla. 1987) (“The from which i.e. whether the vehicle stopped at more relevant and necessary the information the light. Phones are now capable desired information is to a resolution can be obtained, of storing this type of data, even if of the case, the greater the interest translated, if the cell phone company’s retention in allowing discovery of the necessary … .”) policy does not. information.”). With this framework The discoverability of this very in mind, the court ultimately Author: type of additional information was concluded that the strict parameters Anthony “Nino” addressed in Antico v. Sindt Trucking, governing the inspection were Martino - Clark Inc., 148 So. 3d 163 (Fla. 1st DCA adequate to protect the privacy Martino, P.A. Government Attorneys Can Join the HCBA for a Reduced Rate. Go to hillsbar.com to learn more! !4 1879(98,795463 )9-+/8928*0.7 Trial & Litigation Section Luncheon On November 30, Dr. Susan MacManus, University of South Florida professor, author, and popular political analyst, spoke to the Trial and Litigation Section about the current political landscape and the recent election. The section would like to thank its sponsor: Master Auto Leasing. 1879(98,795463 )9-+/8928*0.7 !6 Hillsborough County Bar Association 100 Club Law firms with 100% membership in the HCBA 12th Judicial Circuit Court Gibbs & Parnell, P.A. Morris Law Firm 13th Judicial Circuit Court Givens Givens Sparks, PLLC Nader Mediation Services 2nd District Court of Appeal Gomez & Touger, P.A. Nancy Jacobs, Esq., LLC Adams & Reese LLP Gordon J. Schiff, P.A. Petitt Wolfe Craine Worrell LLC Addison & Howard, P.A. Gramling Environmental Law, P.A. Phillip Baumann, P.A. Allen Dell GrayRobinson, P.A. Port Tampa Bay Alley Clark & Greiwe Greenberg Traurig Ramirez Law Firm Ansa Assuncao, LLP Gunn Law Group Rardon & Associates, P.A. Anthony J. LaSpada P.A. Gunster Yoakley & Stewart Richard A. Harrison, P.A. Anton Castro Law Harmon,Woods, Parker & Abrunzo, P.A. Rieth & Ritchie, P.A. Austin Roe Basquill P.A. Harris and Hunt, P.A. Robert E. Morris, P.A., Attorneys at Law Baccarella & Baccarella, P.A. Harrison Kemm P.A. Robert G. Kipp, P.A. Baird Law Group Harvey Schonbrun, P.A. Rocke, McLean, & Sbar, P.A. Bajo | Cuva | Cohen | Turkel, P.A. Hilary High, P.A. Roig, Tutan, Rosenberg, Martin, & Stoller, P.A. Barbas, Nunez, Sanders, Butler & Hovsepian Hillsborough County Attorney’s Office Rotella Legal Group, P.A. Barker & Cook, P.A. Hillsborough County Aviation Authority Rumberger, Kirk & Caldwell, P.A. Barnett Bolt Kirkwood Long & Koche Legal Affairs Department Saady & Saxe, P.A. Bay Area Legal Services Plant City Hill Ward Henderson Saxon, Gilmore & Carraway, P.A. Bay Area Legal Services Wimauma Himes & Hearn, P.A. Scarritt Law Group, P.A. Bivins & Hemenway, P.A. Holcomb & Leung, P.L. Schropp Law Firm Boss Arrighi Hoag, P.L. Jackson Lewis P.C. Scott A. Haas, P.A. Bowes Law Group James P. Knox, PLLC Sessions Fishman Nathan & Israel, LLP Brandon Family Law Center, LLC Johnson & Cassidy, P.A. Sessums Law Group, P.A. Brandon Legal Group, P.A. Jorgensen & Ozyjowski, P.A. Seth Nelson, P.A. Brannock & Humphries, PA Joryn Jenkins & Associates, P.A. Shawn Harrison Associates, PLLC Brennan, Holden & Kavouklis, P.A., Attorneys at Law Joyce & Reyes Law Firm Silver & Agacinski Brett Hendee, P.A. Judd Bean Law Spector Gadon & Rosen Bricklemyer Law Group Jung & Sisco, P.A. Stichter, Riedel, Blain & Postler, P.A. Broad and Cassel Keys & Coakley, P.L. Stolberg & Townsend, P.A. Buell & Elligett, P.A. Kynes Markman & Felman, P.A. Stoler Russell Keener Verona P.A. Burr & Forman Langford & Myers, P.A. Stuart & Strickland, P.A. Bush Ross Larson Johnson, P.L. Tampa Bay Elder Law Center Butler Weihmuller Katz Craig LLP Lauro Law Firm Tampa City Attorney’s Office Caglianone, Miller & Associates Law Offices of Andrew Shein Tampa Law Advocates, P.A. Carey, O’Malley, Whitaker & Mueller, P.A. Law Office of Christine L. Derr, P.A. Terrana Perez & Salgado, P.A. Carlton Fields Jorden Burt, P.A. Law Office of J. Armando Edmiston The Bleakley Bavol Law Firm Carman & Bevington, P.A. Law Offices of Jeanne T. Tate, PA The Fernandez Firm Cheeseman & Phillips, P.A. Law Office of Michael J. Winer, P.A. The Plante Law Group, PLC Clark & Martino, P.A. Law Office of Philip S. Wartenberg The Thorpe Law Firm, P.A. Clerk of the Circuit Court’s Office Law Office of Robert M. Geller The Women’s Law Group, P.L. Cole, Scott & Kissane, P.A. Law Offices of Robert R. Renfroe, P.A. The Yerrid Law Firm, P.A. Conwell & Kirkpatrick, P.A. Law Offices of Chris E. Ragano, P.A. Thomas & LoCicero PL Conwell Business Law, P.A. Law Offices of J. Kevin Carey, P.A. Thompson & Brooks Cortes Hodz Family Law and Mediation, P.A. Lawrence E. Miccolis, P.A. Thompson Legal Center LLC Culpepper Kurland Lennox Law, P.A. Thompson, Sizemore, Gonzalez & Hearing, P.A. Danahy & Murray, P.A. Leo D. Gomez, P.A. Thorpe & Thorpe, P.A. Dandar & Dandar Leon & Berg, P.A. Timothy G. Anderson, P.A. de la Parte & Gilbert, P.A. Leslie Reicin Stein P.L. Trentalange & Kelley, P.A. Dixon & Associates Lieser Skaff Alexander, PLLC Trombley & Hanes, P.A. Dogali Law Group, P.A. Lins Law Group, PA Valkenburg & Velez, P.A. Donica Law Firm, P.A. Mac A. Greco, Jr., P.A. Vecchio, Carrier, Feldman & Johannessen, P.A. Felix, Felix & Baseman Maney, Damsker, Jones & Kuhlman, P.A. Wagner McLaughlin Fernandez & Hernandez, LLC Manson Bolves P.A. Walk Law Firm, P.A. Fiol Law Group, P.A. Marlowe McNabb, P.A. Walters Levine Klingensmith & Thomison, P.A. Fletcher & Fischer P.L. Mason Black & Caballero P.A. Weekley, Schulte & Valdes LLC Florida Law Group, LLC McCalla Raymer, LLC Wenzel Fenton Cabassa, P.A. Friscia & Ross P.A. McIntyre, Panzarella, Thanasides, P.A. Wetherington, Hamilton, P.A. Fuentes & Kreischer, P.A. Mechanik Nuccio Hearne & Wester, P.A. Whistleblower Law Firm P.A. Fulgencio Law Meirose & Friscia, P.A. Wiand Guerra King Galloway, Johnson, Tompkins, Burr and Smith Melkus, Fleming & Gutierrez Wicker Smith O’Hara McCoy & Ford P.A. Gardner Brewer Martinez-Monfort, P.A. Michael D. Fluke, P.A. William A. Knight, P.A. Gaylord Merlin Ludovici & Diaz Michael P. Maddux, P.A. Willis Law Firm, P.A. Genders-Alvarez-Diecidue, P.A. Mike Murburg, P.A. Yanger Law Group, P.A. George & Titus, P.A. Morgenstern & Herd, P.A. Young Scanlan, LLC TO BE ADDED TO THIS LIST, PLEASE EMAIL A LIST OF ATTORNEYS IN YOUR FIRM TO [email protected]. !5 1879(98,795463 )99-+/8928*0.7 Judge Castagna Recognized for His Service The Goldberg/Cacciatore Inn of Court recognized Senior United States District Judge William Castagna with a lifetime recognition award in January (92 years and going strong) for his service to the Federal Bar. Congratulations to Judge Castagna for this well-deserved honor. BLI Class Project Each year, the members of the Bar Leadership Institute participate in a class-selected volunteer project. On January 15, BLI members volunteered at the East-West Shrine Game players’ visit, an annual event hosted by the Tampa Shriners Hospital for Children. During the visit, college football players taking part in the East-West Shrine game met with patients of the hospital and their families, signed autographs, and participated in a wide variety of games and activities. Members of the BLI class helped with arts and crafts, various games such as basketball, fishing and cornhole toss, and assisted with clean-up. 1879(98,795463 )99-+/8928*0.7 ! 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Certified Circuit Civil Extra Expense and Federal Mediator since 1993, Board Health Disability Certified Civil Trial Lawyer with both Personal Injury insurance defense and plaintiff experience. Wrongful Death Auto/Motorcycle [email protected] Premises Liability www.IsomMediation.com Commercial Litigation Nursing Home (813) 629-6388 Medical Malpractice P.O. Box 320461, Product Liability Tampa, FL 33679-2461 Aviation !" 1879(98,795463 )99-+/8928*0.7 1879(98,795463 )99-+/8928*0.7 !! !# 1879(98,795463 )99-+/8928*0.7 Hold your next meeting at THe Chester H. Ferguson Law Center The Chester H. Ferguson Law Center is an ideal location with a variety of Wagner Lounge Gillen Mediation Room rooms to meet your needs. Reserve for a day or for a few weeks. Convenient to downtown Tampa, Smith Board Room Stiles Conference Room the Ferguson Law Center has many amenities: • Six conference rooms of varying sizes • Complimentary AV equipment and Wi-Fi • Free, street-level parking Trenam Conference Room Yerrid Conference Center Reserve your space today. Call (813) 221-7777 or email [email protected]. Chester H. Ferguson Law Center 1610 N. Tampa Street, Tampa, FL 33602 1879(98,795463 )99-+/8928*0.7 !3 JURISDICTION AND SETTLEMENT Workersʼ Compensation Section 8A-8;DC@>%F2B?;AB9F7F8A@?E>EF-F2??A@BE9FD?F0D) FDB to the Outer 2005), cert. Continental denied, 547 U.S. Shelf Act. 1175 (2006). On appeal The second to the Benefits case, Soto, Review Board, involved a the claimant written argued he was mediation covered under settlement the Act because agreement that he was injured provided that ractitioners should be on navigable Two important decisions the claimant aware of two important waters and that would “execute decisions that came he was not on came down recently on a general release down recently: one on the navigable Longshore jurisdiction and resignation PLongshore jurisdiction, Flores v. waters transiently in favor of and enforcement of MMR Constructors & Zurich or fortuitously. the employer.” Mutual, BRB No. 16-0133 The employer, settlement agreements The original (October 25, 2016), and the other however, in state workers’ settlement on enforcement of a settlement contended paperwork, agreement in a state workers’ coverage doesn’t compensation cases. prepared by the compensation case, Soto v. C-Worthy exist unless he employer/carrier, Corp., 2016 WL 7014374 (Fla. 1st is a “maritime included a DCA 2016). employer.” And release and The first case, Flores, involved the employer resignation, a Longshore claim. In Flores, the contended that, as an electrical as well as references to several claimant was an electrician who contractor, it was not a maritime circumstances where the claimant worked for an electrical equipment employer. Ultimately, the Benefits and his attorney would indemnify and instrumentation contractor Review Board reversed based on and hold the employer/carrier that installs, inspects, and maintains the U.S. Supreme Court’s decision harmless. The claimant and his electrical equipment, instrumenta - more than 30 years ago in Director counsel struck the indemnity tion, and wiring. The claimant v. Pirini North River Associates, 459 and hold harmless language and injured his Achilles tendon while U.S. 297 (1983), where the Court returned it to the employer/carrier. inspecting the electrical systems held that if an injury occurs on When the employer/carrier on a hull, while it was floating on navigable water, it is automatically refused to proceed, the employee navigable waters. The employer covered unless there is a specific moved to enforce the mediated provided indemnity and medical exclusion, such as a fortuitous settlement agreement, but the benefits under the Texas Workers’ ferry ride or marina employment. administrative law judge ruled Compensation Act. But the claimant The primary takeaway from that there was not a meeting of pursued a Longshore claim under Flores is that an injured worker can the minds. On appeal, the First the Outer Continental Shelf Lands recover, and an employer should DCA reversed and held that the Act, which extends Longshore have longshore insurance coverage settlement was enforceable because coverage to the outer continental for an injury, even if only one an indemnification agreement shelf of navigable waters along employee is sent onto a ship, barge, was not a term of the settlement the coast of the United States. or sea platform in navigable waters agreement and the claimant had Although the administrative law to do work, regardless of whether complied with the terms of the judge found the claimant had been the barge or other item is stationary settlement agreement. injured on navigable waters, his at the time. Morganti v. Lockheed claim was nonetheless denied for Martin Space Corp., 37 BRBS 126 Author: Anthony V. Cortese, Esq. – various technical reasons related (2003), aff’d, 412 F. 3d 407 (2d Cir. Attorney at Law ! 1879(98,795463 )99-+/8928*0.7 Workers’ Compensation Section Luncheon The Workers’ Compensation Section learned about social media and e-discovery on January 17 from Michael Boucher of TCS and Section Chair Anthony Cortese. They discussed case law on social media, as well as methods and technology used for online investigation, authentication, and discovery. The section would like to thank its sponsor: 1879(98,795463 )99-+/8928*0.7 ! #4 1879(98,795463 )99-+/8928*0.7 1879(98,795463 )99-+/8928*0.7 #6 AROUND THE ASSOCIATION Allen Dell, P.A. - is pleased Timothy C. Garding - The Anisha Patel - of Hill Ward to announce that Miriam E. law firm of Shumaker, Loop & Henderson has recently been Mason has joined the firm as a Kendrick, LLP is pleased to elected to the board of governors shareholder in the Family Law announce that Timothy C. Garding for The Florida Bar Young Lawyers practice group. Allen Dell also has been appointed to the executive Division. is pleased to announce that board of the Heights Urban Core Gregory A. Richards, Jr., has Chamber (HUCC) and as trustee Andy Peluso - Andy Peluso has been named president of the firm. for the HUCC’s Committee on rejoined the firm of Hill Ward Business Development, Resources Henderson as an associate after Heather Brock - Buchanan and Education. serving as a federal judicial clerk to Ingersoll & Rooney has selected the Honorable Steven D. Merryday. Heather B. Brock as the firm’s Jerry Gerwirtz - Chief He is joining the firm’s chief diversity and inclusion officer. Assistant City Attorney Jerry Construction & Design Group. Gerwirtz for the City of Tampa has Bob Buesing - of Trenam been re-appointed by the United Phelps Dunbar - is pleased to Law has been appointed to the States District Court as a member announce that it has elected Elise board of directors for the Conn of the Rules Advisory Committee Batsel to partnership and elevated Memorial Foundation, a local for the Middle District of Florida. Erin Malone from associate nonprofit focused on supporting to counsel. organizations that provide social Michael Hancock - Michael service and education programs for Hancock was recently named Brett Preston - Hill Ward economically and environmentally president of the Carrollwood Henderson is pleased to announce challenged children and their Bar Association for the second that Brett Preston has recently families. consecutive year. been invited to join The Fellows of the American Bar Association. Chris Cavaliere - The law Hill Ward Henderson - has The Fellows is an honorary firm of Shumaker, Loop & elected three new shareholders: organization comprised of lawyers, Kendrick, LLP is pleased to Nathaniel S. Hatcher, Nicholas judges and legal scholars whose announce that Christopher J. Outman, and Joshua C. Webb. public and private careers have Cavaliere has been elected to the demonstrated outstanding dedication board of directors of Tampa Bay Michele Leo Hintson - The law to the welfare of their communities Businesses for Culture and the firm of Shumaker, Loop & and to the highest principles of the Arts (TBBCA). Kendrick, LLP is pleased to legal profession. announce that Tampa partner Ryan Corbett - Burr Forman Michele Leo Hintson served as Maria del Carmen Ramos - congratulates Ryan Corbett, who a panelist at HR Tampa’s 2016 The law firm of Shumaker, Loop has been promoted to partner in Diversity Summit on November 16. & Kendrick, LLP announces the law firm. that Maria del Carmen Ramos Lawrence Kemm - Carlton has been appointed to the Latina Alissa M. Ellison - Alissa Fields announces that Lawrence Commission of the Hispanic Ellison, shareholder in Kemm has joined its firm as Of National Bar Association. GrayRobinson’s Tampa law Counsel in Tampa. office, has been named to the Mindi Richter - Shumaker, Glazer Children’s Museum board Caren Skversy Marlowe - Loop & Kendrick, LLP, is of directors. Ogletree, Deakins, Nash, pleased to announce that Tampa Smoak & Stewart, P.C. (Ogletree partner Mindi M. Richter has Brandon Faulkner - Holland Deakins) is pleased to announce been appointed chair of the & Knight has promoted Brandon that Caren Skversky Marlowe Intellectual Property Committee Faulkner to partner at its Tampa has been elected to the position office. of shareholder. Continued on page 63 #5 1879(98,795463 )9-+/8928*0.7 AROUND THE ASSOCIATION Continued from page 62 Shumaker, Loop & Kendrick, brings together attorneys from LLP - is pleased to announce that various industry groups that will for the Tampa Bay Chapter of the Hugo S. “Brad” deBeaubien, assist Florida’s small and mid-size Federal Bar Association. Kathleen G. Reres and Jon P. businesses in resolving technical Skelton have been named partners problems, crisis management, Thomas P. Scarritt, Jr. - The in the firm. breach notification and defending National Board of Trial Advocacy in litigation and regulatory (NBTA) is pleased to announce that Thompson, Sizemore, proceedings. Thomas P. Scarritt, Jr. of the law Gonzalez & Hearing - is pleased firm Scarritt Law Group, P.A. has to announce that LaKisha M. Luis Viera - Congratulations to successfully achieved recertification Kinsey-Sallis and Nathan J. Luis Viera of Ogden Sullivan, who as a civil trial advocate. Paulich have been named partners was elected by the voters of District 7 of the firm. as a Tampa City Councilman. Sessums Black Caballero Ficarrotta PA - is pleased to Trenam Law - Trenam Law Walters Levine & Lozano - welcome back founding member announces the launch of its is pleased to announce the addition Stephen Sessums, and also Cybersecurity Practice Group as of Paula J. Lozano as a named announces that Jennifer a response to the increasing data shareholder of the firm, and to Ficarrotta has become a named breach risk and need for compliant welcome attorney Kevin Joyce partner in the practice. and effective response. The team to its practice. JURY TRIAL INFORMATION For the month of Feb. 2016 Nature of case: (Engle progeny) For the month of Dec. 2016 Judge: Hon. William Levens Wrongful death resulting from Judge: Hon. John M. Radabaugh Parties: Fouzi Bouzid vs. Zachary cigarette smoking (Polk County) Steinhardt and Joanne Steinhardt Verdict: Gross compensatory Parties: Margaret Dorman v. Attorneys: For plaintiff: damage verdict of $5,000,000. Mid-State Plumbing, Inc. and Mark H. Wright and Christopher P. Net compensatory damage verdict Gregory Taylor Jayson; For defendant: Reginald of $1,500,000 for plaintiff, based Attorneys: For plaintiff: David Edmond and Melisa Bodnar upon finding that plaintiff was I. Shiner and Ronnie M. Gotti, Nature of case: Personal injury 70 percent negligent. Punitive Shiner Law Group, P.A.; For resulting from automobile accident damage verdict of $6,500,000. defendant: Robert L. Blank and Verdict: For Plaintiff - $166,450 Michael L. Forte, Rumberger, For the month of Sep. 2016 Kirk & Caldwell, P.A. For the month of May 2016 Judge: Hon. William Levens Nature of case: Rollover Judge: Hon. Ronald Ficarrotta Parties: Victoria Bosman v. automobile accident in which Parties: James McCabe as David Finnemore and Leslie plaintiff was ejected resulting in personal representative for the Estate Finnemore back surgery and recommendations of Dorothy McCabe v. RJ Reynolds Attorneys: For plaintiff: Mark H. for additional back and neck Tobacco Company Wright and Christopher P. Jayson; surgery Attorneys: For plaintiff: Gary For defendant: Kyle Pennington Verdict: $162,500 for plaintiff. Paige, Mike Trentalange, Anna Nature of case: Injury resulting Plaintiff asked the jury for $2.275 Frederiksen-Cherry, Hendrik Uiter- from automobile accident million during his closing. Defendants’ wyk; For defendant: Mark Belasic, Verdict: For plaintiff - motion for attorneys’ fees and costs Michael Quinlan, Edward Carter $140,136.58 is pending. 1879(98,795463 )99-+/8928*0.7 # #" 1879(98,795463 )99-+/8928*0.7 THANKS TO ALL OUR FOX 13 ASK-A-LAWYER VOLUNTEERS! The attorneys from the Lawyer Referral & Information Service were at it once again in January, answering phones as part of Fox 13’s Ask-A-Lawyer program. We appreciate all those who volunteered to take calls and help out local residents! Dale Appell Dane Heptner John Mulvihill David Befeler Betsey Herd Stan Musial Michael Broadus Jackson Hilliard Rinky Parwani Hunter Chamberlain Thomas Hyde Susan Renee Ricardo Duarte Klodiana Hysenlika Larry Samaha Marc Edelman Nehemiah Jefferson William Schwarz Christine Franco Domenick Lazzara Chris Tanner James Giardina Jamila Little Roland “Chip” Waller Lynn Hanshaw Denny Morgernstern Robert Walton 1879(98,795463 )99-+/8928*0.7 #! ## 1879(98,795463 )99-+/8928*0.7 CLASSIFIED ADVERTISING Need a Pasco County presence? Turnkey law office. Great signage and parking. Elegant, fully Do you have office space available for sale or furnished, equipped and functioning established legal rent or want to publicize other services? office. Walnut, mahogany, granite, marble and fine art Place a classified advertisement here for only throughout. Great exposure. Free-standing building on $100 for 50 words or less. U.S. 19 in south Pasco County. 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FERGUSON LAW CENTER PERMIT 590 1610 N. TAMPA STREET TAMPA, FL 33602 Invested We attribute our success to the success of our clients. For almost four decades we have been Tampa Bays leading community bank. BankofTampa.com BUSINESS PERSONAL WEALTH TRUST BANKING BANKING MANAGEMENT SERVICES MEMBER FDIC